239APUBLIC WORKS POSITIONS FOR CERTAIN PERSONS239A.1Who may be placed.Any person who is receiving or has obtained approval of an application to receive assistance under chapter 239B, and who is eligible under the promoting independence and self-sufficiency through employment job opportunities and basic skills program, may be referred to the department of workforce development for placement in public works positions available pursuant to this chapter or to such other authority as may be applicable.[C77, 79, 81, §239A.1]96 Acts, ch 1186, §23; 97 Acts, ch 41, §32239A.2Projects determined.The department of workforce development, in consultation with the director of health and human services, shall establish a procedure for assignment of persons referred under section 239A.1 to positions available in public works projects. The department of workforce development shall arrange with units of local government for establishment of such projects, which may include any type of work or endeavor that is within the scope of authority of the unit of local government involved so long as the project meets the following requirements:1The project must create new employment opportunities and not fund existing employment of persons working for the local government unit or resume funding of projects for which the local government unit has, without fault, terminated employees within the previous six months and has not recalled those employees.2The benefits of the project result must inure primarily to the community or public at large.3The following conditions of employment must be satisfied:aThe unit of local government with which the project is arranged must be the employer of the persons hired under the project.bThe employees under the project must be paid at the same rate as other employees doing similar work for that unit of local government.cThe employees must be considered regular employees of the unit of local government involved and must be entitled to participate in benefit programs of that unit of local government, including but not limited to workers’ compensation, but shall not be entitled to qualify for unemployment compensation benefits on the basis of employment under the project.[C77, 79, 81, §239A.2; 82 Acts, ch 1161, §27]83 Acts, ch 96, §157, 159; 96 Acts, ch 1186, §232023 Acts, ch 19, §778239A.3Target areas selected.The department of workforce development shall select not to exceed two target counties for implementation of sections 239A.1 and 239A.2. In selecting the target county or counties in which this chapter is to be implemented, the department of workforce development shall be guided by the following criteria:1The total number of unemployed persons in the county.2The number of unemployed persons in the county as a percentage of the available workforce there.3The total number of persons receiving assistance under chapter 239B in that county.4The number of persons receiving assistance under chapter 239B in that county as a percentage of the total population of the county.5The number of unemployed heads of households receiving assistance under chapter 239B in that county.6The number of unemployed heads of households receiving assistance under chapter 239B in that county as a percentage of all recipients of such assistance in that county.[C77, 79, 81, §239A.3]96 Acts, ch 1186, §23; 97 Acts, ch 41, §32