Workforce Investment Act; Lower Living Standard Income Level

DEPARTMENT OF LABOR

Employment and Training Administration

Workforce Investment Act; Lower Living Standard Income Level

AGENCY:

Employment and Training Administration, Labor.

ACTION:

Notice of Determination of Lower Living Standard Income Level.

SUMMARY:

Under Title I of the Workforce Investment Act (WIA) of 1998 (Pub. L. 105-220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL) for uses described in the law. WIA defines the term “Low Income Individual” as one who qualifies under various criteria, including an individual who received income for a six-month period that does not exceed the higher level of the poverty line or 70 percent of the LLSIL. This issuance provides the Secretary's annual LLSIL for 2010 and references the current 2009 Health and Human Services “Poverty Guidelines.” Congress has taken action to keep the 2009 HHS poverty guidelines in effect until at least May 31, 2010.

DATES:

Effective Date:

This notice is effective on the date of publication in the

Federal Register

.

ADDRESSES:

Send questions about the Lower Living Standard Income Level calculations: Mr. Samuel Wright, Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room S-4231, Washington, DC 20210.

Send written youth program comments to: Mr. Evan Rosenberg, Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room N-4464, Washington, DC 20210.

For Further Information on LLSIL:

Please contact Mr. Samuel Wright, Telephone 202-693-2870; Fax 202-693-3015 (these are not toll free numbers); e-mail address

wright.samuel.e@dol.gov

.

For Further Information on Federal Youth Programs:

Evan Rosenberg, Telephone 202-693-3593; Fax 202-693-3532 (these are not toll free numbers).

SUPPLEMENTARY INFORMATION:

It is the purpose of the Workforce Investment Act of 1998 “to provide workforce investment activities, through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the Nation.”

The LLSIL is used for several purposes under WIA. Specifically, WIA Section 101(25) defines the term “low income individual” for eligibility purposes, and Sections 127(b)(2)(C) and 132(b)(1)(B)(v)(IV) define the terms “disadvantaged youth” and “disadvantaged adult” in terms of the

poverty line or LLSIL for state formula allotments. The Governor and state/local workforce investment boards (WIBs) use the LLSIL for determining eligibility for youth, eligibility for employed adult workers for certain services and for the Work Opportunity Tax Credit (WOTC). We encourage the Governors and state/local WIBs to consult WIA regulations and the preamble to the WIA Final Rule (published at 65 FR 49294 August 11, 2000) for more specific guidance in applying the LLSIL to program requirements. The Department of Health and Human Services (HHS) published the most current poverty-level guidelines in the

Federal Register

at 74 FR 4199-4201 on Jan. 23, 2009. The HHS 2009 Poverty guidelines may also be found on the Internet at:

http://aspe.hhs.gov/poverty/09fedreg.pdf

. ETA plans to have the 2010 LLSIL available on its Web site at [

http://www.doleta.gov/llsil/2010/

].

WIA Section 101(24) defines the LLSIL as “that income level (adjusted for regional, metropolitan, urban and rural differences and family size) determined annually by the Secretary [of Labor] based on the most recent lower living family budget issued by the Secretary.” The most recent lower living family budget was issued by the Secretary in the fall of 1981. The four-person urban family budget estimates, previously published by the Bureau of Labor Statistics (BLS), provided the basis for the Secretary to determine the LLSIL. BLS terminated the four-person family budget series in 1982, after publication of the fall 1981 estimates. Currently, BLS provides data to ETA through which ETA develops the LLSIL tables, as provided in the Appendices.

ETA published the 2009 updates to the LLSIL in the

Federal Register

of March 26, 2009, at 74 FR 13262. This notice again updates the LLSIL to reflect cost of living increases for 2009, by applying the percentage change in the most recent 2009 Consumer Price Index for All Urban Consumers (CPI-U) for an area, compared with the 2008 CPI-U to each of the March 26, 2009 LLSIL figures. Those updated figures for a family-of-four are listed in Appendix A, Table 1, by region for both metropolitan and non-metropolitan areas. Figures in all of the accompanying tables, in the Appendices, are rounded up to the nearest dollar. Since low income individuals, “disadvantaged adult” and “disadvantaged youth” may be determined by family income at 70 percent of the LLSIL, pursuant to WIA Sections 101(25), 127(b)(2)(C), and 132(b)(1)(B)(v)(IV), respectively, those figures are listed as well.

Jurisdictions included in the various regions, based generally on Census Divisions of the U.S. Department of Commerce, are as follows:

Northeast

Connecticut

Maine

Massachusetts

New Hampshire

New Jersey

New York

Pennsylvania

Rhode Island

Vermont

Virgin Islands

Midwest

Illinois

Indiana

Iowa

Kansas

Michigan

Minnesota

Missouri

Nebraska

North Dakota

Ohio

South Dakota

Wisconsin

South

Alabama

American Samoa

Arkansas

Delaware

District of Columbia

Florida

Georgia

Northern Marianas

Oklahoma

Palau

Puerto Rico

South Carolina

Kentucky

Louisiana

Marshall Islands

Maryland

Micronesia

Mississippi

North Carolina

Tennessee

Texas

Virginia

West Virginia

West

Arizona

California

Colorado

Idaho

Montana

Nevada

New Mexico

Oregon

Utah

Washington

Wyoming

Additionally, separate figures have been provided for Alaska, Hawaii, and Guam as indicated in Appendix B, Table 2.

For Alaska, Hawaii, and Guam, the year 2009 figures were updated from the April, 2009 “State Index” based on the ratio of the urban change in the state (using Anchorage for Alaska and Honolulu for Hawaii and Guam) compared to the West regional metropolitan change, and then applying that index to the West regional metropolitan change.

Data on 23 selected MSAs are also available. These are based on semiannual CPI-U changes for a 12-month period ending in June 2009. The updated LLSIL figures for these MSAs and 70 percent of the LLSIL are reported in Appendix C, Table 3.

Appendix D, Table 4 lists each of the various figures at 70 percent of the updated 2009 LLSIL for family sizes of one to six persons. Because tables 1-3 only list the LLSIL for a family of four, table 4 can be used to determine the LLSIL for families of one to six persons. For families larger than six persons, an amount equal to the difference between the six-person and the five-person family income levels should be added to the six-person family income level for each additional person in the family. Where the poverty level for a particular family size is greater than the corresponding LLSIL figure, the figure is indicated in parentheses. A modified Excel version of Appendix D, Table 4, with the area names, will be available on the Department of Labor, Employment and Training Administration LLSIL Webpage at [

http://www.doleta.gov/llsil/2010/

]. Appendix E, Table 5, indicates 100 percent of LLSIL for family sizes of one to six and is used to determine self-sufficiency as noted at 20 CFR 663.230 of the WIA regulations and WIA Section 134(d)(3)(A)(ii).

Use of These Data

Governors should designate the appropriate LLSILs for use within the state from Appendices A, B, and C, containing Tables 1 through 3. Appendices D and E, which contain Tables 4 and 5, which adjusts a family of four figure for larger and smaller families, may be used with any LLSIL designated. The Governor's designation may be provided by disseminating information on MSAs and metropolitan and non-metropolitan areas within the state or it may involve further calculations. For example, the State of New Jersey may have four or more LLSIL figures for Northeast metropolitan, Northeast non-metropolitan, portions of the State in the New York City MSA, and those in

the Philadelphia MSA. If a workforce investment area includes areas that would be covered by more than one figure, the Governor may determine which is to be used.

Under 20 CFR 661.110, a state's policies and measures for the workforce investment system shall be accepted by the Secretary to the extent that they are consistent with the WIA and the WIA regulations.

Disclaimer on Statistical Uses

It should be noted, the publication of these figures is only for the purpose of meeting the requirements specified by WIA as defined in the law and regulations. BLS has not revised the lower living family budget since 1981, and has no plans to do so. The four-person urban family budget estimates series has been terminated. The CPI-U adjustments used to update the LLSIL for this publication are not precisely comparable, most notably because certain tax items were included in the 1981 LLSIL, but are not in the CPI-U. Thus, these figures should not be used for any statistical purposes, and are valid only for those purposes under WIA as defined in the law and regulations.

Lower Living Standard Income Level for 2010

Under Title I of the Workforce Investment Act of 1998 (Pub. L. 105-220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL). This Notice announces the LLSIL Tables for 2010. WIA requires the Department of Labor to update and publish the LLSIL tables annually. The LLSIL tables are used for several purposes under WIA, including determining eligibility for youth and for the Work Opportunity Tax Credit.

Signed at Washington, DC, this 30th day of April 2010.

Jane Oates,

Assistant Secretary, Employment and Training Administration.

Attachments

Appendix A

Table 1—Lower Living Standard Income Level (for a Family of Four Persons) by Region

1

Region

2

2010

adjusted LLSIL

70 percent

LLSIL

Northeast:

Metro

$38,759

$27,131

Non-Metro

3

37,060

25,942

Midwest:

Metro

34,161

23,913

Non-Metro

33,026

23,118

South:

Metro

33,043

23,130

Non-Metro

32,318

22,623

West:

Metro

37,471

26,230

Non-Metro

4

35,758

25,031

1

For ease of use, these figures are rounded to the next highest dollar.

2

Metropolitan area measures were calculated from the weighted average CPI-Us for city size classes A and B/C. Non-metropolitan area measures were calculated from the CPI-Us for city size class D.

3

Non-metropolitan area percent changes for the Northeast region are no longer available. The Non-metropolitan percent change was calculated using the U.S. average CPI-U for city size class D.

4

Non-metropolitan area percent changes for the West region are unpublished data.

Appendix B

Table 2—Lower Living Standard Income Level (for a Family of Four Persons)—Alaska, Hawaii and Guam

1

Region

2010

adjusted LLSIL

70 percent

LLSIL

Alaska:

Metro

$45,047

$31,533

Non-Metro

2

44,866

31,406

Hawaii, Guam:

Metro

48,432

33,902

Non-Metro

2

47,898

33,529

1

For ease of use, these figures are rounded to the next highest dollar.

2

Non-Metropolitan percent changes for Alaska, Hawaii and Guam were calculated from the CPI-Us for city size class D in the Western Region.

Appendix C

Table 3—Lower Living Standard Income Level (for a Family of Four Persons) 23 MSAs

1

Metropolitan statistical areas (MSAs)

2010

Adjusted LLSIL

70 Percent

LLSIL

Anchorage, AK

$46,172

$32,320

Atlanta, GA

31,353

21,947

Boston—Brockton—Nashua, MA/NH/ME/CT

41,891

29,324

Chicago—Gary—Kenosha, IL/IN/WI

35,821

25,075

Cincinnati—Hamilton, OH/KY/IN

34,327

24,029

Cleveland—Akron, OH

35,129

24,590

Dallas—Ft. Worth, TX

31,646

22,152

Denver—Boulder—Greeley, CO

35,695

24,987

Detroit—Ann Arbor—Flint, MI

32,916

23,041

Honolulu, HI

49,497

34,648

Houston—Galveston—Brazoria, TX

30,562

21,393

Kansas City, MO/KS

33,064

23,145

Los Angeles—Riverside—Orange County, CA

39,521

27,665

Milwaukee—Racine, WI

34,073

23,851

Minneapolis—St. Paul, MN/WI

34,156

23,909

New York—Northern NJ—Long Island, NY/NJ/CT/PA

41,130

28,791

Philadelphia—Wilmington—Atlantic City, PA/NJ/DE/MD

37,407

26,185

Pittsburgh, PA

41,025

28,718

St. Louis, MO/IL

32,268

22,588

San Diego, CA

43,298

30,309

San Francisco—Oakland—San Jose, CA

39,916

27,941

Seattle—Tacoma—Bremerton, WA

40,784

28,549

Washington—Baltimore, DC/MD/VA/WV

2

41,669

29,168

1

For ease of use, these figures are rounded to the next highest dollar.

2

Baltimore and Washington are now calculated as a single metropolitan statistical area.

Appendix D

Table 4—Seventy Percent of Updated 2010 Lower Living Standard Income Level (LLSIL), by Family Size

To use the seventy percent LLSIL value, where it is stipulated for WIA programs, begin by locating the region or metropolitan area where they reside. These are listed in Tables 1, 2 and 3. After locating the appropriate region or metropolitan statistical area, find the seventy percent LLSIL amount for that location. The seventy percent LLSIL figures are listed in the last column to the right on each of the three tables. These figures apply to a family of four. Larger and smaller family eligibility is based on a percentage of the family of four. To determine eligibility for other size families consult Table 4 and the instructions below.

To use Table 4, locate the seventy percent LLSIL value that applies to the individual's region or metropolitan area from Tables 1, 2 or 3. Find the same number in the “family of four” column of Table 4. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the maximum household income the individual is permitted in order to qualify as economically disadvantaged under WIA.

Where the HHS poverty level for a particular family size is greater than the corresponding LLSIL figure, the LLSIL figure appears in a shaded block. Individuals from these size families may consult the 2009 HHS poverty guidelines found in the

Federal Register

, Vol. 74, No. 14, January 23, 2009, pp. 4199-4201 (on the Internet at

http://aspe.hhs.gov/poverty/09fedreg.htm

) to find the higher eligibility standard. Individuals from Alaska and Hawaii should consult the HHS guidelines for the generally higher poverty levels that apply in their states.

Family

of one

Family

of two

Family

of three

Family

of four

Family

of five

Family

of six

7,708

12,628

17,332

21,393

25,248

29,527

7,902

12,951

17,784

21,947

25,901

30,289

7,980

13,077

17,949

22,152

26,146

30,575

8,138

13,332

18,299

22,588

26,657

31,172

8,151

13,353

18,326

22,623

26,697

31,222

8,298

13,595

18,667

23,041

27,190

31,796

8,329

13,644

18,730

23,118

27,287

31,910

8,331

13,650

18,736

23,130

27,299

31,928

8,331

13,658

18,753

23,145

27,314

31,944

8,587

14,074

19,322

23,851

28,148

32,918

8,611

14,110

19,372

23,909

28,218

33,000

8,609

14,112

19,370

23,913

28,217

33,006

8,653

14,183

19,469

24,029

28,358

33,163

8,854

14,515

19,921

24,590

29,021

33,936

8,999

14,747

20,245

24,987

29,486

34,486

9,013

14,770

20,279

25,031

29,541

34,550

9,028

14,800

20,311

25,075

29,593

34,610

9,342

15,312

21,020

25,942

30,617

35,801

9,431

15,453

21,213

26,185

30,904

36,138

9,443

15,476

21,247

26,230

30,951

36,201

9,771

16,014

21,978

27,131

32,020

37,444

9,960

16,322

22,409

27,665

32,645

38,182

10,064

16,491

22,633

27,941

32,974

38,564

10,284

16,846

23,128

28,549

33,692

39,400

10,344

16,950

23,267

28,718

33,893

39,635

10,366

16,991

23,321

28,791

33,974

39,738

10,505

17,216

23,631

29,168

34,425

40,261

10,559

17,303

23,759

29,324

34,607

40,468

10,917

17,884

24,555

30,309

35,768

41,832

11,311

18,530

25,442

31,406

37,062

43,341

11,358

18,606

25,546

31,533

37,212

43,522

11,641

19,076

26,183

32,320

38,146

44,604

12,074

19,787

27,161

33,529

39,565

46,271

12,212

20,005

27,466

33,902

40,008

46,792

12,478

20,444

28,065

34,648

40,886

47,821

Appendix E

Table 5—Updated 2010 LLSIL (100%), By Family Size

To use the LLSIL to determine the minimum level for establishing self-sufficiency criteria at the state or local level, begin by locating the metropolitan area or region from Table 1, 2 or 3. Then locate the appropriate region or metropolitan statistical area and then find the 2010 Adjusted LLSIL amount for that location. These figures apply to a family of four. Locate the corresponding number in the family of four in the column below. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the minimum figure States must set for determining whether employment leads to self-sufficiency under WIA programs.

Family

of one

Family

of two

Family

of three

Family

of four

Family

of five

Family

of six

$11,011

$18,040

$24,760

$30,562

$36,069

$42,182

11,289

18,501

25,406

31,353

37,002

43,270

11,400

18,681

25,641

31,646

37,352

43,678

11,625

19,045

26,142

32,268

38,081

44,531

11,644

19,075

26,180

32,318

38,139

44,603

11,854

19,421

26,667

32,916

38,843

45,423

11,899

19,491

26,757

33,026

38,981

45,586

11,901

19,500

26,765

33,043

38,999

45,611

11,902

19,511

26,790

33,064

39,020

45,634

12,267

20,106

27,603

34,073

40,211

47,025

12,301

20,157

27,674

34,156

40,312

47,143

12,299

20,160

27,671

34,161

40,310

47,151

12,361

20,261

27,813

34,327

40,511

47,375

12,649

20,736

28,459

35,129

41,459

48,480

12,856

21,067

28,922

35,695

42,123

49,265

12,875

21,100

28,970

35,758

42,201

49,357

12,897

21,143

29,015

35,821

42,275

49,443

13,345

21,874

30,028

37,060

43,739

51,144

13,473

22,075

30,304

37,407

44,149

51,625

13,490

22,108

30,353

37,471

44,216

51,716

13,958

22,877

31,397

38,759

45,743

53,491

14,229

23,317

32,013

39,521

46,636

54,546

14,377

23,558

32,333

39,916

47,105

55,092

14,692

24,065

33,040

40,784

48,131

56,285

14,777

24,214

33,238

41,025

48,418

56,622

14,809

24,273

33,316

41,130

48,534

56,769

15,007

24,594

33,758

41,669

49,179

57,515

15,084

24,719

33,941

41,891

49,438

57,811

15,596

25,548

35,078

43,298

51,097

59,760

16,159

26,472

36,346

44,866

52,945

61,916

16,225

26,580

36,494

45,047

53,160

62,174

16,630

27,252

37,404

46,172

54,494

63,720

17,249

28,267

38,801

47,898

56,522

66,102

17,445

28,578

39,237

48,432

57,154

66,845

17,826

29,205

40,093

49,497

58,409

68,316

[FR Doc. 2010-10794 Filed 5-6-10; 8:45 am]

BILLING CODE 4510-FT-P