BILL ANALYSIS Ó
AB 26
Page 1
REPLACE : 05/30/2013 Changes per consultant.
ASSEMBLY THIRD READING
AB 26 (Bonilla)
As Amended May 28, 2013
Majority vote
NATURAL RESOURCES 6-3 LABOR & EMPLOYMENT 5-2
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|Ayes:|Chesbro, Garcia, |Ayes:|Roger Hernández, Alejo, |
| |Muratsuchi, Skinner, | |Chau, Gomez, Holden |
| |Stone, Williams | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove, Bigelow, Patterson |Nays:|Morrell, Gorell |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Hall, | | |
| |Ammiano, Pan, Quirk, | | |
| |Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Bigelow, | | |
| |Donnelly, Linder, Wagner | | |
| | | | |
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SUMMARY : Enacts various provisions related to projects funded
from the Greenhouse Gas Reductions Fund (Fund) and related
curriculum. Specifically, this bill :
1)Provides that moneys from the Fund may be made available to
the owner or operator of a refinery to perform work to reduce
greenhouse gas emissions if 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 be performed by "skilled
AB 26
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journeypersons" and "registered apprentices," as those terms
are defined.
2)Provides that "approved advanced safety training in performing
work processes to reduce greenhouse gas emissions" (as
defined) may be provided by an apprenticeship program approved
by the Chief of the Division of Apprenticeship Standards (DAS)
or by the California Community Colleges.
3)Requires, no later than January 1, 2016, the Chief of DAS to
approve a curriculum, and, 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.
4)Provides that an apprenticeship program or community college
shall issue a certificate to a worker who completes the
approved curriculum.
5)Specifies that 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.
6)Provides that construction, alteration, demolition,
installation, repair, line and maintenance work paid for in
whole or in part from the Fund shall be considered "public
works."
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in unknown cost pressure.
COMMENTS : In 2006, the Legislature passed the California Global
Warming Solutions Act (AB 32 (Núñez), Chapter 488, Statutes of
2006) which called for California to reduce its greenhouse gas
emissions to 1990 levels by the year 2020. The Cap and Trade
Program is a key element in California's climate plan. It sets
a statewide limit on sources responsible for 85% of California's
greenhouse gas emissions, and establishes a price signal needed
to drive long-term investment in cleaner fuels and more
efficient use of energy.
Among other things, this bill provides that construction,
alteration, demolition, installation, repair, line and
maintenance work paid for in whole or in part from the Fund
AB 26
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shall be considered "public works" for purposes of state
prevailing wage law.
This bill also provides that moneys from the Fund may be made
available to the owner or operator of a refinery to perform work
to reduce greenhouse gas emissions if 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 be performed by
"skilled journeypersons" and "registered apprentices," as those
terms are defined.
This bill is supported by the State Building and Construction
Trades Council of California, who states that the wage and
benefits provided by the prevailing wage lead directly to a
middle class livelihood and any of the funds that come out of
the Greenhouse Gas Reduction Fund should not only go towards
making the environment cleaner, but also to the workers
performing the work so that they can earn a livable wage with
benefits.
The United Steelworkers (USW) opposes this measure and argues
that the bill in its current form would eliminate approximately
5,000 of their members' jobs in California due to a
jurisdictional dispute with another labor organization, causing
bitter, ongoing and disruptive labor disputes in California's
vitally important refineries. USW argues that, in addition to
forfeiting the jobs of thousands of employees, the current bill
will do nothing to improve safety, but instead would simply
direct millions of dollars in public money to subsidize work
that refinery operators are already required to perform.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0001018