BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2288|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  AB 2288
          Author:   Burke (D)
          Amended:  8/16/16 in Senate 
          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 that the California Workforce  
          Development Board and each local board ensure, to the maximum  
          extent feasible, that federal Workforce Innovation and  
          Opportunity Act of 2014 funds which are awarded for the purposes  
          of preapprenticeship training in the building and construction  
          trades fund program and services that 1) follow the Multi-Craft  
          Core Curriculum implemented by the State Department of  
          Education, as specified; and 2) develop a plan for outreach and  
          retention for women participants to help increase the  
          representation of women in the building and construction trades.  








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          Senate Floor Amendments of 8/16/16 reorganize the requirements  
          in the bill to provide clarity and additionally required the  
          California Workforce Development Board to develop policies for  
          the implementation of these provisions.  


          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 (DAS), 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 WIOA funds which are awarded  
            for the purposes of preapprenticeship training in the building  
            and construction trades fund program and services that do both  







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            of the following:


             a)   Follow the Multi-Craft Core Curriculum (MC3) implemented  
               by the State Department of Education for its pilot project  
               with California Partnership Academies. 


             b)   Develop a plan for outreach and retention for women  
               participants in the preapprenticeship program to help  
               increase the representation of women in the building and  
               construction trades.


          2)Requires the State Board to develop policies for the  
            implementation of these provisions. 


          Background


          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  







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          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. 


          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, 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.








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          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. 




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes
          
          According to the Senate Appropriations Committee, the California  
          Workforce Investment Board 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 would both condition funding and  
          stipulate the requirements that would need to be met when  
          applicants seek resources directed to apprenticeable  
          occupations. 


          SUPPORT:   (Verified8/16/16)


          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







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          California Women's Law Center
          California Work and Family Coalition
          Child Care Law Center
          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:   (Verified8/16/16)


          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.









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          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  
          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
          8/17/16 15:57:57


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