BILL ANALYSIS Ó SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS Senator Tony Mendoza, Chair 2015 - 2016 Regular Bill No: SB 607 Hearing Date: April 22, 2015 ----------------------------------------------------------------- |Author: |Bates | |-----------+-----------------------------------------------------| |Version: |April 15, 2015 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Gideon Baum | | | | ----------------------------------------------------------------- Subject: Certified electricians: skilled journeyperson. KEY ISSUE Should the Legislature define a general electrician journeyman as someone who is a certified general electrician, rather than someone who has completed an electrician apprenticeship program? ANALYSIS Existing law provides a framework for promoting and developing apprenticeship training through the California Apprenticeship Council (CAC) and the Division of Apprenticeship Standards (DAS) within the Department of Industrial Relations (DIR). DAS enforces apprenticeship standards for, among other things, working conditions, classroom instruction and the specific skills required for state certification as a journeyperson in an apprentice occupation. (Labor Code §§3070-3098) Existing law requires that the Division of Apprenticeship Standards establish and validate minimum standards for the competency and training of electricians through a system of testing and certification. In order to be eligible to be certified, the applicant must have passed a written exam and SB 607 (Bates) Page 2 of ? also done either of the following: 1) Successfully completed an approved apprenticeship program; or 2) Completed 8,000 hours of on-the-job training. Out-of-state certified electricians may be deemed by the Chief of the Division of Apprenticeship Standards to have met the on-the-job training requirement, though they would still be required to take the written examination. (Labor Code § 108 and California Code of Regulations §291.1) Existing law requires that any individual who performs work as an electrician, as defined, must be certified by the Division of Apprenticeship Standards. Existing law provides for certain limited exemptions from this requirement. (Labor Code § 108.2) Existing law requires that, in order for a vendor to be prequalified for a design-build project, which is a project where both the design and construction of the project are procured from a single entity, the vendor must use a skilled and trained workforce for work that falls within an apprenticeable occupation in the building and construction trades. (Health and Safety Code §10191 and Public Contract Code §22164) Existing law defines a "skilled and trained workforce" as workers that are either apprentices or journeyperson, who are workers who have completed an apprenticeship program. Existing law also sets percentages of the number of journeyperson on a design-build project, requiring at least 20% of all workers to be skilled journeyperson at the beginning of 2016, growing to 60% of all workers to be skilled journeyperson by 2020. (Health and Safety Code §10191(c) and Public Contract Code §22164(c)) Existing law defines a "skilled journeyperson" as someone who has completed an apprenticeship program or has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation. (Health and Safety Code §10191(c) and Public Contract Code §22164(c)) SB 607 (Bates) Page 3 of ? This bill would require that, notwithstanding any other law, a general electrician certified by the Division of Apprenticeship Standards must be deemed a skilled journeyperson for purposes of any law. COMMENTS 1. Electrical Certification vs. Electrical Apprenticeship Graduation: Under current law, the DAS has the responsibility of both certifying electricians and helping to create apprenticeship curriculum for electricians. While both statute and regulation allows an electrician who was completed an apprenticeship program and passed the written electrician exam to be certified, being a journeyperson and being a certified electrician are not necessarily interchangeable. Specifically, the minimum requirements for certification are less than the requirements for becoming a journeyperson. To be certified, the applicant must fulfill the written exam and complete 8,000 hours of training. The 8,000 hour training requirement can also be waived if the electrician is certified in another state. To be a journeyperson, however, an electrician would need to complete 8,000 hours of training AND additional hours of classroom training, as an apprenticeship by definition is classroom time and on-the-job training. Completing an electrical apprenticeship can take 5 years, which is longer than most college programs. Additionally, an applicant to most electrical apprenticeship programs must have a high school diploma or a GED prior to being admitted to an electrician apprenticeship program, as well as demonstrated ability in high school and college-level algebra. SB 607 would treat a certified electrician as the same as a journeyperson electrician for the purposes of state law. 2. Proponent Arguments : SB 607 (Bates) Page 4 of ? Proponents argue that SB 607 would clarify existing law with regard to "skilled journeyperson." Under existing law, proponents note that an electrician may satisfy skilled journeyperson requirements by graduating from an approved apprentices program OR providing evidence of experience, which proponents argue ignores the existing electrician certification program. Proponents argue that SB 607 will simplify the verification for all parties to construction projects subject to the "skilled workforce" requirements design-build projects. 3. Opponent Arguments : Opponents argue that SB 607 is misdirected and would undercut the Legislature's intent in passing skilled workforce percentage requirements on design-build projects. Opponents note that SB 607 only focuses on electricians, treating this one trade differently than all other trades on a Design Build public works projects. Opponents argue that many other crafts, including crane operators, elevator mechanics, and welders hold mandatory certifications, yet SB 607 does not address these trades. Opponents further argue that a certification is just one indicator of a journeyperson meeting the highest standards, and does not ensure the same standard of excellence achieved by completing an apprenticeship program, weakening existing law. 4. Prior Legislation : SB 785 (Wolk), Chapter 931, Statutes of 2014, set specific percentages on the number of skilled journeypeople which must be employed on design-build projects. SUPPORT Associated Builders and Contractors of California Associated Builders and Contractors-San Diego Chapter Western Electrical Contractors Association OPPOSITION California Chapters of the National Electrical Contractors Association California Coalition of Utility Employees SB 607 (Bates) Page 5 of ? California Labor Federation, AFL-CIO California State Association of Electrical Workers California State Pipe Trades Council National Electrical Contractors Association-California Chapter State Building and Construction Trades Council of California, AFL-CIO Western States Council of Sheet Metal Workers -- END --