BILL NUMBER: AB 26	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  MAY 28, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bonilla

                        DECEMBER 3, 2012

   An act to add Section 39714 to the Health and Safety Code,
relating to greenhouse gases.


	LEGISLATIVE COUNSEL'S DIGEST


   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.   
Existing 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. 
   This bill would  require projects involving construction,
alteration, demolition, installation, repair, and maintenance work
paid for in whole or in part   specify that moneys 
from the Greenhouse Gas Reduction Fund  to be considered
  are  public  works   funds
 , as defined. The bill would  authorize  
require that, if  moneys from the Greenhouse Gas Reduction Fund
 be   are  made available to the owner or
operator of a refinery to perform work to reduce greenhouse gas
emissions  if   , then  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,  will
  shall  be performed by skilled journeypersons, as
defined, and registered apprentices, as defined.  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. 
   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 processes  specific  to  reduce
  technology related to the reduction of 
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 1.  Section 39714 is added to the Health and Safety Code,
to read:
   39714.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Apprenticeable occupation" means an occupation for which the
Chief of the Division of Apprenticeship Standards has approved an
apprenticeship program pursuant to Section 3075 of the Labor Code.
   (2) "Approved advanced safety training in performing work
processes to reduce greenhouse gas emissions" means a curriculum of
in-person classroom and laboratory instruction approved by the Chief
of the Division of Apprenticeship Standards in consultation with the
California Emergency Management Agency and the Division of
Occupational Safety and Health.
   (3) "Registered apprentice" means an apprentice registered in an
apprenticeship program approved by the Chief of the Division of
Apprenticeship Standards pursuant to Section 3075 of the Labor Code
who is performing work covered by the standards of that
apprenticeship program and receiving the supervision required by the
standards of that apprenticeship program.
   (4) "Skilled journeyperson" means a worker who meets all of the
following:
   (A) The worker accomplished either of the following:
   (i) Graduated from an apprenticeship program for the applicable
occupation that was approved by the Chief of the Division of
Apprenticeship Standards or by the federal Office of Apprenticeship,
or by its predecessor agency.
   (ii) Has at least as many hours of on-the-job experience in the
applicable occupation that would be required to graduate from an
apprenticeship program for the applicable occupation that is approved
by the Chief of the Division of Apprenticeship Standards.
   (B) The worker is being paid at least the prevailing hourly wage
rate for a journeyperson in the applicable occupation and geographic
area.
   (C) The worker has completed within the prior two calendar years
at least 20 hours of approved advanced safety training in performing
work processes to reduce greenhouse gas emissions. This requirement
shall apply only to work performed on or after January 1, 2018.
   (b)  Construction, alteration, demolition, installation,
repair, and maintenance work paid for in whole or in part from the
fund shall be considered public works as that term is used in
  Moneys from the fund shall be public funds as that
term is used in  Article 2 (commencing with Section 1770) of
Chapter 1 of Part 7 of Division 2 of the Labor Code.
   (c)  Moneys  Insofar as moneys  from the
fund may be made available to the owner or operator of a refinery
 pursuant to   Section 39716  to perform work to
reduce greenhouse gas emissions  if   , then
 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 
will   shall  be performed by skilled
journeypersons and registered apprentices. 
   (d) For purposes of subdivision (c), moneys from the fund shall be
made available only for work at a refinery if the work is related to
complying with a market-based compliance mechanism established
pursuant to the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500)), and is not required
by any other law, regulation, or court order.  
   (d) 
    (e)  Approved advanced safety training in performing
work processes  specific  to  reduce  
the reduction of  greenhouse gas emissions may be provided by an
apprenticeship program approved by the Chief of the Division of
Apprenticeship Standards or by the California Community Colleges. No
later than January 1, 2016, the Chief of the Division of
Apprenticeship Standards shall approve a curriculum, and, in
consultation with the California Emergency Management Agency and the
Division of Occupational Safety and Health, shall periodically revise
the curriculum to reflect current best practices. An apprenticeship
program or community college shall issue a certificate to a worker
who completes the approved curriculum. Notwithstanding any other law,
employers shall not be 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.