AB 26, as amended, Bonilla. California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature.begin insert end insertbegin insertExisting law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund.end insert
This bill wouldbegin delete require projects involving construction, alteration, demolition, installation, repair, and maintenance work paid for in whole or in partend deletebegin insert specify that moneysend insert from the Greenhouse Gas Reduction Fundbegin delete to be consideredend deletebegin insert areend insert publicbegin delete worksend deletebegin insert fundsend insert, as defined. The
bill wouldbegin delete authorizeend deletebegin insert require that, ifend insert moneys from the Greenhouse Gas Reduction Fundbegin delete beend deletebegin insert areend insert made available to the owner or operator of a refinery to perform work to reduce greenhouse gas emissionsbegin delete ifend deletebegin insert, thenend insert all work at the refinery related to reducing greenhouse gas emissions that is not performed by the owner’s or operator’s own employees and that falls within an apprenticeable occupation, as defined,begin delete willend deletebegin insert
shallend insert be performed by skilled journeypersons, as defined, and registered apprentices, as defined.begin insert The bill would require that moneys from the Greenhouse Gas Reduction Fund only be made available for work at a refinery if the work is related to complying with a market-based compliance mechanism to reduce greenhouse gas emissions, as specified.end insert
This bill would require the Chief of the Division of Apprenticeship Standards to approve, no later than January 1, 2016, a curriculum for an apprenticeship program in advanced safety training in performing work processesbegin insert
specificend insert tobegin delete reduceend deletebegin insert technology related to the reduction ofend insert greenhouse gas emissions, as defined, and would require the chief, in consultation with the California Emergency Management Agency and the Division of Occupational Safety and Health, to periodically revise the curriculum to reflect current best practices. The bill would require an approved apprenticeship program or community college to issue a certificate to a worker who completes the approved curriculum. The bill would prohibit employers from being required to pay for the costs of the training or to pay wages to workers for the time spent in the training unless the employer has agreed to do so.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 39714 is added to the Health and Safety
2Code, to read:
(a) For purposes of this section, the following terms
4have the following meanings:
5(1) “Apprenticeable occupation” means an occupation for which
6the Chief of the Division of Apprenticeship Standards has approved
P3 1an apprenticeship program pursuant to Section 3075 of the Labor
2Code.
3(2) “Approved advanced safety training in performing work
4processes to reduce greenhouse gas emissions” means a curriculum
5of in-person classroom and laboratory instruction approved by the
6Chief of the Division of Apprenticeship Standards in consultation
7with the California Emergency Management Agency and the
8Division of
Occupational Safety and Health.
9(3) “Registered apprentice” means an apprentice registered in
10an apprenticeship program approved by the Chief of the Division
11of Apprenticeship Standards pursuant to Section 3075 of the Labor
12Code who is performing work covered by the standards of that
13apprenticeship program and receiving the supervision required by
14the standards of that apprenticeship program.
15(4) “Skilled journeyperson” means a worker who meets all of
16the following:
17(A) The worker accomplished either of the following:
18(i) Graduated from an apprenticeship program for the applicable
19occupation that was approved by the Chief of the Division of
20Apprenticeship
Standards or by the federal Office of
21Apprenticeship, or by its predecessor agency.
22(ii) Has at least as many hours of on-the-job experience in the
23applicable occupation that would be required to graduate from an
24apprenticeship program for the applicable occupation that is
25approved by the Chief of the Division of Apprenticeship Standards.
26(B) The worker is being paid at least the prevailing hourly wage
27rate for a journeyperson in the applicable occupation and
28geographic area.
29(C) The worker has completed within the prior two calendar
30years at least 20 hours of approved advanced safety training in
31performing work processes to reduce greenhouse gas emissions.
32This requirement shall apply only to work performed on or after
33January
1, 2018.
34(b) begin deleteConstruction, alteration, demolition, installation, repair, and begin insertMoneys from
35maintenance work paid for in whole or in part from the fund shall
36be considered public works as that term is used in end delete
37the fund shall be public funds as that term is used in end insertArticle 2
38(commencing with Section 1770) of Chapter 1 of Part 7 of Division
392 of the Labor Code.
P4 1(c) begin deleteMoneys end deletebegin insertInsofar as moneys end insertfrom the fund may be made
2available to the owner or
operator of a refinerybegin insert pursuant to end insertbegin insertSection
339716end insert to perform work to reduce greenhouse gas emissionsbegin delete ifend deletebegin insert,
4thenend insert all work at the refinery related to reducing greenhouse gas
5emissions that is not performed by the owner’s or operator’s own
6employees and that falls within an apprenticeable occupationbegin delete willend delete
7begin insert shallend insert be performed by skilled journeypersons and registered
8apprentices.
9(d) For purposes of subdivision (c), moneys from the fund shall
10be made available only for work at a refinery if the work is related
11to complying with a market-based compliance mechanism
12established pursuant to the California Global Warming Solutions
13Act of 2006 (Division 25.5 (commencing with Section 38500)),
14and is not required by any other law, regulation, or court order.
32 15(d)
end delete
16begin insert(e)end insert Approved advanced safety training in performing work
17processesbegin insert
specificend insert tobegin delete reduceend deletebegin insert
the reduction ofend insert greenhouse gas
18emissions may be provided by an apprenticeship program approved
19by the Chief of the Division of Apprenticeship Standards or by
20the California Community Colleges. No later than January 1, 2016,
21the Chief of the Division of Apprenticeship Standards shall approve
22a curriculum, and, in consultation with the California Emergency
23Management Agency and the Division of Occupational Safety and
24Health, shall periodically revise the curriculum to reflect current
25best practices. An apprenticeship program or community college
26shall issue a certificate to a worker who completes the approved
27curriculum. Notwithstanding any other law, employers shall not
28be required to pay for the costs of the training or to pay wages to
29workers for the time spent in the training unless the employer has
30agreed to do so.
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