BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2288| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2288 Author: Burke (D) Introduced:2/18/16 Vote: 21 SENATE LABOR & IND. REL. COMMITTEE: 3-1, 6/8/16 AYES: Mendoza, Leno, Mitchell NOES: Stone NO VOTE RECORDED: Jackson SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/1/16 AYES: Lara, Beall, Hill, McGuire, Mendoza, Nielsen NO VOTE RECORDED: Bates ASSEMBLY FLOOR: 63-12, 5/19/16 - See last page for vote SUBJECT: Apprenticeship programs: building and construction trades SOURCE: State Building and Construction Trades Council, AFL-CIO DIGEST: This bill requires the California Workforce Development Board and each local board to ensure that preapprenticeship training in the building and construction trades follows the Multi-Craft Core Curriculum developed by the California Department of Education and that programs and services funded by the federal Workforce Innovation and Opportunity Act of 2014, and directed to apprenticeable occupations in the building and construction trades, include plans to increase the percentage of women in those trades. AB 2288 Page 2 ANALYSIS: Existing law: 1)Establishes the California Workforce Development Board (State Board) with the responsibility of assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system. (Unemployment Insurance Code §14000 et al) 2)Requires that the State Board and each local workforce development board ensure that programs and services funded by the federal Workforce Innovation and Opportunity Act of 2014 (WIOA) and directed to apprenticeable occupations are conducted in coordination with apprenticeship programs approved by the Division of Apprenticeship Standards, as specified. (Unemployment Insurance Code §14230) 3)Requires the State Board and each local workforce development board to develop a policy of fostering collaboration between community colleges and approved apprenticeship programs in the geographic area. This bill: 1)Requires the State Board and each local board to ensure, to the maximum extent feasible, that programs and services funded by WIOA and directed to apprenticeable occupations in the building and construction trades, including pre-apprenticeship training, include outreach and retention plans to increase the percentage of women in the building and construction trades. 2)Requires the State Board and each local board to also ensure, to the maximum extent feasible, that pre-apprenticeship training in the building and construction trades follows the Multi-Craft Core Curriculum developed by the California AB 2288 Page 3 Department of Education for its pilot project with California Partnership Academies. Background The Division of Apprenticeship Standards (DAS), within the Department of Industrial Relations, administers the state's apprenticeship laws and enforces apprenticeship standards for wages, hours, working conditions and the specific skills required for state certification as a journey person in an apprenticeable occupation. In general, apprenticeship programs provide instruction that combines a formal course of in-class instruction with practical "on-the-job" training. Pre-apprenticeship services and programs are designed to prepare individuals to enter and succeed in registered apprenticeship programs. These programs have a documented partnership with at least one registered apprenticeship program sponsor and together, they expand the participant's career pathway opportunities with industry-based training coupled with classroom instruction. Women in the Trades Historically, a construction career has not been a traditional choice for women when deciding what type of career to pursue after high school, and exposure to different career options like those in the building and construction trades can be critical in opening the door to new choices and solid, living wage jobs. According to the sponsor of this bill, the State Building and Construction Trades Council, recruiting women into non-traditional careers like the construction trades has been a full time effort. They note that the state and its unions invest a great amount of time and resources working on ways to encourage women to consider a career in construction. The sponsor founded and have held the "Women in the Building Trades Conference" for over 14 years attracting over 1,000 women each year from all over the nation and other countries. AB 2288 Page 4 According to the DAS 2014 annual report, California continues to lead the nation with 53,366 apprentices registered in over 540 programs recognized by DAS. Minorities numbered 30,365, or 56.9% of all apprentices. Active women apprentices numbered 2,852, or 5.3% of all active apprentices. The author and sponsor believe this bill is necessary to help promote women in the trades by requiring that programs and services funded by WIOA and directed to apprenticeable occupations in the building and construction trades include plans to increase the percentage of women in those trades. Multi-Craft Core Curriculum According to information provided by the sponsor, the Multi-Craft Core Curriculum (MC3) was developed in 2007 by the leaders of National Building Trades to identify common elements in all building and construction trades' apprenticeship programs and combine them into one curriculum encompassing 120 hours of training. Among other things, the curriculum includes general orientation to apprenticeships, cardiopulmonary resuscitation and first aid, an Occupational Safety and Health Administration 10-hour certification course, mathematics, and the history of the construction industry and the heritage of the American worker. It also exposes students to the tools of the various trades, the safe handling of those tools, the structure of the construction industry, the construction process, and an orientation to apprenticeship itself. Currently, as part of State Superintendent of Public Instruction Tom Torlakson's Career Readiness Campaign, nine California Partnership Academy high schools from across the state have implemented this curriculum to ensure students are engaged in their educational experience and to prepare them for a successful career outside of the classroom. NOTE: See Senate Labor and Industrial Relations Committee analysis for further information. AB 2288 Page 5 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee: The California Workforce Investment Board (CWIB) indicates that its costs to implement this bill would be up to $117,000 annually, depending upon the extent to which it would be required to review plans for compliance. It is likely that the State Board and local workforce investment boards (WIBs) would both condition funding and stipulate the requirements that would need to be met when applicants seek resources directed to apprenticeable occupations. This bill would create a reimbursable local mandate, resulting from its imposing a new duty on local WIBs. The magnitude of the mandate is unknown, but likely minor. SUPPORT: (Verified8/3/16) State Building and Construction Trades Council, AFL-CIO (source) 9 to 5 California Alliance of Californians for Community Empowerment American Association of University Women California Asset Building Coalition California Child Care Resource and Referral Network California Domestic Workers Coalition California Employment Lawyers Association California Latinas for Reproductive Justice California Partnership California State Association of Electrical Workers California State Pipe Trades Council California Women's Law Center California Work and Family Coalition Child Care Law Center AB 2288 Page 6 Courage Campaign Equal Rights Advocates International Union of Elevator Constructors Legal Aid Society Employment Law Center Mujeres Unidas y Activas National Council of Jewish Women Parent Voices Raising California Together The Center for Popular Democracy The Opportunity Institute The Women's Foundation of California Tradeswomen, Inc. Voices for Progress Western Center on Law and Poverty Western States Council of Sheet Metal Workers OPPOSITION: (Verified8/3/16) Air Conditioning Trade Association American Fire Sprinkler Association Associated Builders and Contractors - San Diego Chapter Associated Builders and Contractors of California Plumbing-Heating-Cooling Contractors Association of California Western Electrical Contractors Association ARGUMENTS IN SUPPORT: Proponents argue that this bill will expand on current efforts to support women in the trades by requiring that pre-apprenticeship programs funded by WIOA dollars create a plan for outreach, recruitment and retention of women seeking a career in the building trades. In addition, because pre-apprenticeship is a useful tool to prepare prospective workers for an apprenticeship program, this bill creates uniform rules for success in pre-apprenticeship training. They argue that the two parts of this bill each in different ways help ensure that the building and construction trades are as representative of society as possible. ARGUMENTS IN OPPOSITION: Opposition to this bill stems from the inclusion of the provision requiring the use of the MC3 which, they argue, essentially mandates that all apprenticeship AB 2288 Page 7 programs use a very outdated union created curriculum for pre-apprenticeship purposes, and one that can only be delivered by a local Building Trades Council. They argue that there are other pre-apprentice training programs and other nationally recognized standards that need to be given equal treatment as basis for program curricula. According to the opponents, the federal Department of Labor has approved curricula currently used by the national pre apprenticeship program, YouthBuild, which includes the AFLCIO Building Construction Trades Multi-Craft Core Curriculum, the Home Builders Institute's PACT curriculum, and the National Center for Construction Education and Research curriculum. They argue that all programs are able to choose from one of these curriculums and they believe that California should mirror this approach and not exclude opportunities for youth looking for a good career in construction trades by using only one union-centric based curriculum. ASSEMBLY FLOOR: 63-12, 5/19/16 AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez, Low, Maienschein, Mayes, Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Wilk, Wood, Rendon NOES: Travis Allen, Bigelow, Dahle, Beth Gaines, Grove, Harper, Jones, Lackey, Melendez, Obernolte, Patterson, Wagner NO VOTE RECORDED: Chang, Kim, Mathis, McCarty, Williams Prepared by:Alma Perez-Schwab / L. & I.R. / (916) 651-1556 8/4/16 14:25:23 **** END **** AB 2288 Page 8