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)
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.
AB 2288
Page 2
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
AB 2288
Page 3
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
AB 2288
Page 4
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.
AB 2288
Page 5
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
AB 2288
Page 6
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.
AB 2288
Page 7
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
**** END ****
AB 2288
Page 8