BILL NUMBER: AB 1087	CHAPTERED
	BILL TEXT

	CHAPTER  48
	FILED WITH SECRETARY OF STATE  MAY 29, 2002
	APPROVED BY GOVERNOR  MAY 29, 2002
	PASSED THE ASSEMBLY  MAY 13, 2002
	PASSED THE SENATE  MAY 2, 2002
	AMENDED IN SENATE  APRIL 30, 2002
	AMENDED IN SENATE  SEPTEMBER 4, 2001
	AMENDED IN SENATE  AUGUST 23, 2001
	AMENDED IN SENATE  JULY 9, 2001

INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 23, 2001

   An act to amend Section 3099 of, and to add Sections 3099.2,
3099.3, and 3099.4 to, the Labor Code, relating to electricians, and
making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1087, Calderon.  Apprenticeships:  electricians.
   Existing law requires the Division of Apprenticeship Standards by
July 1, 2001, to establish minimum training, competency, and
certification standards for electricians, as defined, and to
establish and adopt regulations and fees to implement those
standards.  Existing law requires the division to establish advisory
committees as needed to establish electricians' standards by March 1,
2000, and to include electrical contractors on the committees.
   This bill would require the division to issue certification cards
to electricians who become certified pursuant to the standards set by
the division.  The bill would continuously appropriate fees
collected by the division pursuant to existing law for expenditure in
an amount sufficient to pay the cost of supplying the certification
cards.  The bill would exempt from these provisions work performed in
connection with temporary or portable electrical devices in
specified industries.
   The bill would also require electricians who perform work as
electricians for contractors with specified types of licenses to
obtain certification by January 1, 2005.  The bill would prohibit
electricians working for those certain contractors from performing
electrical work, unless they are certified.  The bill would exempt
apprentice electricians from certification, but would permit
apprentices who are within one year of completing their
apprenticeships to take the certification examination and, upon
passing the examination, become certified immediately upon completing
the term of their apprenticeship.  The bill would require the
division to establish a specified committee to establish written
educational curriculum standards for enrollees in an electrician
training program.
   The bill would require the division to make electrician
certification information available in non-English languages, provide
non-English certification tests, ensure that certain apprenticeship
programs provide for reasonable alternative means of satisfying
minimum federal education standards, and provide a specified report
to the Legislature no later than January 1, 2004.
   The bill would also make technical, nonsubstantive changes.
   The bill would authorize, after January 1, 2005, uncertified
persons who have registered with the division and have completed or
are enrolled in a training program to perform electrical work under
supervision, as specified.  The bill would authorize the division to
charge an initial registration fee for this purpose, not to exceed
$25, and would continuously appropriate these fees for the division's
administrative costs with regard to the training program.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3099 of the Labor Code is amended to read:
   3099.  (a) The Division of Apprenticeship Standards shall do all
of the following:
   (1) On or before July 1, 2001, establish and validate minimum
standards for the competency and training of electricians through a
system of testing and certification.
   (2) On or before March 1, 2000, establish an advisory committee
and panels as necessary to carry out the functions under this
section.  There shall be contractor representation from both joint
apprenticeship programs and unilateral nonunion programs in the
electrical contracting industry.
   (3) On or before July 1, 2003, establish an electrical
certification curriculum committee comprised of representatives of
the State Department of Education, the California Community Colleges,
and the division.  The committee shall establish written educational
curriculum standards for enrollees in training programs established
pursuant to Section 3099.4.
   (4) On or before July 1, 2001, establish fees necessary to
implement this section.
   (5) On or before July 1, 2001, establish and adopt regulations to
enforce this section.
   (6) Issue certification cards to electricians who have been
certified pursuant to this section.  Fees collected pursuant to
paragraph (3) are continuously appropriated in an amount sufficient
to pay the costs of issuing certification cards, and that amount may
be expended for that purpose by the Division of Apprenticeship
Standards.
   (b) There shall be no discrimination for or against any person
based on membership or nonmembership in a union.
   (c) As used in this section, "electricians" includes all persons
who engage in the connection of electrical devices for electrical
contractors licensed pursuant to Section 7058 of the Business and
Professions Code, specifically, contractors classified as electrical
contractors in the Contractors' State License Board Rules and
Regulations.  This section does not apply to electrical connections
under 100 volt-amperes.  This section does not apply to persons
performing work to which Section 7042.5 of the Business and
Professions Code is applicable, or to electrical work ordinarily and
customarily performed by stationary engineers.  This section does not
apply to electrical work in connection with the installation,
operation, or maintenance of temporary or portable electrical
equipment performed by technicians in the theatrical, motion picture
production, television, hotel, exhibition, or trade show industries.

  SEC. 2.  Section 3099.2 is added to the Labor Code, to read:
   3099.2.  (a) Persons who perform work as electricians shall become
certified pursuant to Section 3099 by January 1, 2005.  After
January 1, 2005, uncertified persons may not perform electrical work
for which certification is required.
   (b) Certification is required only for those persons who perform
work as electricians for contractors licensed as Class C-10
electrical contractors under the Contractors' State License Board
Rules and Regulations. Certification is not required for persons
performing work for contractors licensed as Class C-7 low voltage
systems or Class C-45 electric sign contractors as long as the work
performed is within the scope of the Class C-7 or Class-45 license,
including incidental and supplemental work as defined in Section 7059
of the Business and Professions Code, and regardless of whether the
same contractor is also licensed as a Class C-10 contractor.
   (c) The division may establish different certification categories
corresponding to the types of electrical work performed by
contractors.
   (d) Notwithstanding subdivision (a), certification is not required
for registered apprentices performing electrical work as part of an
apprenticeship program approved under this chapter, a federal Bureau
of Apprenticeship Training program, or a state apprenticeship program
authorized by the federal Bureau of Apprenticeship Training.  An
apprentice who is within one year of completion of his or her term of
apprenticeship shall be permitted to take the certification
examination and, upon passing the examination, shall be certified
immediately upon completion of the term of apprenticeship.
   (e) Notwithstanding subdivision (a), certification is not required
for any person employed pursuant to Section 3099.4.
   (f) Notwithstanding subdivision (a), certification is not required
for a nonresidential lighting trainee (1) who is enrolled in an
on-the-job instructional training program approved by the Chief of
the Division of Apprenticeship Standards pursuant to Section 3090,
and (2) who is under the onsite supervision of a nonresidential
lighting technician certified pursuant to Section 3099.
   (g) Notwithstanding subdivision (a), the qualifying person for a
Class C-10 electrical contractor license issued by the Contractors
State License Board need not also be certified pursuant to Section
3099 to perform electrical work for that licensed contractor or to
supervise an uncertified person employed by that licensed contractor
pursuant to Section 3099.4.
   (h) For the purposes of this section, "electricians" has the same
meaning as the definition set forth in Section 3099.
  SEC. 3.  Section 3099.3 is added to the Labor Code, to read:
   3099.3.  The Division of Apprenticeship Standards shall do all of
the following:
   (a) Make information about electrician certification available in
non-English languages spoken by a substantial number of construction
workers, as defined in Section 7296.2 of the Government Code.
   (b) Provide for the administration of certification tests in
non-English languages spoken by a substantial number of applicants,
as defined in Section 7296.2 of the Government Code, except insofar
as the ability to understand warning signs, instructions, and certain
other information in English is necessary for safety reasons.
   (c) Ensure, in conjunction with the California Apprenticeship
Council, that by no later than January 1, 2003, all electrician
apprenticeship programs approved under this chapter that impose
minimum formal education requirements as a condition of entry provide
for reasonable alternative means of satisfying those requirements.
   (d) Ensure, in conjunction with the California Apprenticeship
Council, that by no later than January 1, 2003, all electrician
apprenticeship programs approved under this chapter have adopted
reasonable procedures for granting credit toward a term of
apprenticeship for other vocational training and on-the-job training
experience.
   (e) Report to the Legislature by January 1, 2004, on the status of
electrician certification, including all of the following:
   (1) The number of persons who have been certified pursuant to
Section 3099.
   (2) The number of persons enrolled in electrician apprenticeship
programs.
   (3) The number of persons who have registered pursuant to Section
3099.4.
   (4) The estimated number of individuals performing work for Class
C-10 electrical contractors for which certification will be required
after January 1, 2005, who have not yet been certified and are not
enrolled in apprenticeship programs or registered pursuant to Section
3099.4.
   (5) Whether enforcement of the January 1, 2005, deadline for
certification will cause a shortage of electricians in California.
   (6) Whether persons who wish to become certified electricians will
have an adequate opportunity to pass the certification exam, to
register pursuant to Section 399.4, or to enroll in an apprenticeship
program prior to January 1, 2005.
  SEC. 4.  Section 3099.4 is added to the Labor Code, to read:
   3099.4.  (a) After January 1, 2005, an uncertified person may
perform electrical work for which certification is required under
Section 3099 in order to acquire the necessary on-the-job experience
for certification, if all of the following requirements are met:
   (1) The person is registered with the Division of Apprenticeship
Standards.  A list of current registrants shall be maintained by the
division and made available to the public upon request.
   (2) The person either has completed or is enrolled in an approved
curriculum of classroom instruction.
   (3) The employer attests that the person shall be under the direct
supervision of an electrician certified pursuant to Section 3099 who
is responsible for supervising no more than one uncertified person.
An employer who is found by the division to have failed to provide
adequate supervision may be barred by the division from employing
uncertified individuals pursuant to this section in the future.
   (b) For purposes of this section, an "approved curriculum of
classroom instruction" means a curriculum of classroom instruction
approved by the electrician certification curriculum committee
established pursuant to paragraph (2) of subdivision (a) of Section
3099 and provided under the jurisdiction of the State Department of
Education or the Board of Governors of the California Community
Colleges.
   (c) For purposes of this section, a person is "enrolled" in an
approved curriculum of classroom instruction if the person is
attending classes on a full-time or part-time basis toward the
completion of such a curriculum.
   (d) Registration under this section shall be renewed annually and
the registrant shall provide to the division certification of the
class work completed and on-the-job experience acquired since the
prior registration.
   (e) The division shall establish registration fees necessary to
implement this section, not to exceed twenty-five dollars ($25) for
the initial registration.  There shall be no fee for annual renewal
of registration.  Fees collected are continuously appropriated in an
amount sufficient to administer this section and that amount may be
expended by the division for this purpose.
   (f) The division shall issue regulations to implement this
section.
   (g) For purposes of Section 1773, persons employed pursuant to
this section do not constitute a separate craft, classification, or
type of worker.
   (h) Notwithstanding any other provision of law, an uncertified
person who has completed an approved curriculum of classroom
instruction and is currently registered with the division may take
the certification examination.  The person shall be certified upon
passing the examination and satisfactorily completing the requisite
number of on-the-job hours required for certification.  A person who
passes the examination prior to completing the requisite hours of
on-the-job experience shall continue to comply with subdivision (d)
of this section.