BILL ANALYSIS
Senate Committee on Labor and Industrial Relations
Mark DeSaulnier, Chair
Date of Hearing: June 23, 2010 2009-2010 Regular
Session
Consultant: Alma Perez Fiscal:Yes
Urgency: No
Bill No: AB 2523
Author: Eng
Version: As amended June 21, 2010
SUBJECT
Apprenticeship: electricians.
KEY ISSUE
Should the Legislature specify which eligible educational
providers can provide classroom instruction to an uncertified
person who is performing electrical work to acquire on-the-job
experience?
Should continuing education instruction be provided under the
jurisdiction of the State Department of Education or the Board
of Governors of the California Community Colleges?
PURPOSE
To makes various changes related to the certification of
electricians under current law.
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). Existing
law allows the Chief of the division to approve an
apprenticeship program under specified circumstances. Among
other things, DAS is charged with:
Establishing and validating minimum standards for the
competency and training of electricians through a system of
testing and certification,
Establishing an electrical certification curriculum
committee (ECCC) to develop written educational curriculum
standards, and
Issuing certification cards to electricians who have
been successfully certified.
Existing law requires persons who perform work as electricians
to become certified pursuant to Labor Code 3099 and in
accordance by DAS standards, and prohibits uncertified persons
from performing electrical work for which certification is
required. However, certification is required only for those
persons who perform work as electricians for contractors
licensed as C-10 electrical contractors (essentially involving
more complex electrical work) under the Contractors' State
License Board Rules and Regulations.
Existing law, however, contains various exemption from the
certification requirements. Uncertified persons are allowed to
perform electrical work (for which certification is required) in
order to acquire the necessary on-the-job experience for
certification if certain requirements are met, including that
the person has completed or is enrolled in a curriculum of
classroom instruction approved by the electrician certification
curriculum committee and provided under the jurisdiction of the
State Department of Education, the Board of Governors of the
California Community Colleges, or the Bureau of Private
Postsecondary Education.
This Bill makes various changes related to the certification of
electricians. Specifically, this bill:
1. Deletes the requirements that the curriculum of
classroom instruction for trainees be provided under the
jurisdiction of the State Department of Education, the
Board of Governors of the California Community Colleges, or
the Bureau of Private Postsecondary Education;
2. Requires that continuing education instruction by an
entity that is not approved by the Chief of the Division of
Hearing Date: June 23, 2010 AB 2523
Consultant: Alma Perez Page 2
Senate Committee on Labor and Industrial Relations
Apprenticeship Standards be provided under the jurisdiction
of the State Department of Education or the Board of
Governors of the California Community Colleges.
3. Specifies that the curriculum of classroom instruction
must be provided by one of the following:
o A community college;
o An apprenticeship program approved to provide
electrical training, as specified;
o A public school district or public educational
institution;
o A state-licensed private postsecondary
institution that is either under contract with a
public educational institution or approved and
registered with the Bureau for Private Postsecondary
Education; or
o Approved trainee education courses offered
pursuant to an apprenticeship program shall be for
members with minimum educational needs and shall
supplement and not supplant electrician educational
training leading to a degree.
COMMENTS
1. Background and Need for this bill?
AB 931 (Calderon), Chapter # 781, Statutes of 1999,
established a certification program for electricians to be
implemented by July 1, 2001. Proponents of the original
legislation stated that it was designed to address electrician
competency as well as safety. Proponents argued that prior to
the enactment of AB 931 no state law required testing and
certification of electricians who performed the actual wiring
and connection of electrical devices. The actual deadline for
electrician certification has been adjusted a number of times
in recent years, both by statute and by administrative action.
The deadline for general electricians and fire/life safety
technicians was January 1, 2006. The deadline for residential
electricians was January 1, 2007. The deadline for voice data
video technicians and non-residential lighting technicians was
Hearing Date: June 23, 2010 AB 2523
Consultant: Alma Perez Page 3
Senate Committee on Labor and Industrial Relations
December 31, 2008. According to the Division of
Apprenticeship Standards, as of June 6, 2010, there are 33,706
certified electricians in various classes.
This bill proposes to make several changes to current law,
most involving requirements related to classroom curriculum
and continuing education. Under current law, in order to
perform work as an electrician a person must (1) have taken
and passed the electrician certification examination,
(2) be a registered apprentice in a state-approved
apprenticeship program, or (3) be an electrician trainee.
Currently, if a trainee wants to perform electrical work and
does not yet qualify to take the certification examination due
to lack of work experience or related instruction, they
can do so legally by enrolling in a training program approved
by a state electrical certification curriculum committee
(ECCC) established by DAS. Before a program is allowed to
offer certification training, the training is required to be
supervised by the State Department of Education, the Board of
Governors of the California Community Colleges, or the Bureau
for Private Postsecondary and Vocational Education (now Bureau
for Private Postsecondary Education).
The author argues that due to budget cuts and other fiscal
constraints, there aren't as many electrical certification
programs available at community colleges and in many areas an
individual's only option may be to take certification training
through a state-approved apprenticeship program. This bill
would specify which educational providers would qualify to
provide classroom instruction to an uncertified electrical
trainee performing electrical work to acquire on-the-job
experience.
2. Proponent Arguments :
According to the author, before a state-approved
apprenticeship program is allowed to offer certification
training, the training is required to be supervised by the
Department of Education (CDE), or the Community College system
(CCS), or the Bureau for Private Postsecondary and Vocational
Education (Bureau). In addition, the author contends that
Hearing Date: June 23, 2010 AB 2523
Consultant: Alma Perez Page 4
Senate Committee on Labor and Industrial Relations
existing law requires continuing education (CE) for
recertification of electricians; however, the author argues
that nothing in statute regulates continuation providers and
does not establish minimum requirements for the providers.
According to the author, this has created a loophole that
allows electricians to avoid the CE requirement by retaking
the certification examination.
As indicated by the author, this bill would permit
state-approved apprenticeship programs to offer certification
training under their general control - without the requirement
that this training be under the jurisdiction of the CDE, or
the CCS or the Bureau. However, the program curriculum would
still be submitted to the existing curriculum committee
pursuant to Labor Code 3099(a) (6). The author argues that
the additional supervision of the state-approved
apprenticeship training programs is unnecessary and increases
the costs of operation as the programs have already been
reviewed and approved as quality training.
3. Opponent Arguments :
None received to date.
4. Prior Legislation :
SB 1362 (Margett) of 2008: Chaptered
SB 1362 authorizes specified disciplinary action for failure
to comply with existing law related to the certification of
electricians. Among other things, SB 1362 requires that the
Division of Apprenticeship Standards develop a process for
referring cases to the Contractors State Licensing Board when
it has been determined that a violation of specified
electrician certification requirements has likely occurred.
SUPPORT
Western Electrical Contractors Association (WECA)
Hearing Date: June 23, 2010 AB 2523
Consultant: Alma Perez Page 5
Senate Committee on Labor and Industrial Relations
OPPOSITION
None received to date.
* * *
Hearing Date: June 23, 2010 AB 2523
Consultant: Alma Perez Page 6
Senate Committee on Labor and Industrial Relations