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
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          |Author:    |Bates                                                |
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          |Version:   |April 15, 2015    Amended                            |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Gideon Baum                                          |
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              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  








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          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))
           







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          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  :
            







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            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







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          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

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