BILL ANALYSIS                                                                                                                                                                                                    �






                 Senate Committee on Labor and Industrial Relations
                              Senator Ben Hueso, Chair

          Date of Hearing: June 25, 2014               2013-2014 Regular  
          Session                              
          Consultant: Deanna D. Ping                   Fiscal:Yes 
                                                       Urgency: No
          
                                  Bill No: AB 1870
                                    Author: Alejo
                          As Introduced: February 19, 2014
          

                                       SUBJECT
          
            Public works: prevailing wage: multiemployer apprenticeship  
          grants.


                                      KEY ISSUE
          
          Should the legislature approve a change in the distribution of  
          training contributions by the California Apprenticeship Council  
          to divide training grants, in the case of when there are two or  
          more multiemployer apprenticeship programs in the same craft and  
          geographic area, among all approved multiemployer apprenticeship  
          programs in California based off the number of apprentices? 

                                      ANALYSIS

           Existing law  requires a contractor to whom a contract is awarded  
          who employs apprentices or journeymen in any apprenticeable  
          craft or trade to contribute to the California Apprenticeship  
          Council (CAC) the same amount that the director determines is  
          the prevailing amount of the apprenticeship training  
          contributions in the area of the public works site. (Labor Code  
          �1777.5) 
          
           Existing law  requires the CAC to distribute training  
          contributions received, less the expenses of the Department of  
          Industrial Relations for administration, by making grants to  
          approved apprenticeship programs for the purpose of training  
          apprentices as follows:

          1)If there is an approved multiemployer apprenticeship program  
            serving the same craft or trade and geographic area for which  









            the training contributions were made to the CAC, a grant to  
            that program shall be made.

          2)If there are two or more approved multiemployer apprenticeship  
            programs serving the same craft or trade and geographic area  
            for which the training contributions were made to the CAC, the  
            grant shall be divided among "those programs" based on the  
            number of apprentices registered in each program.

          3)All training contributions not distributed as above shall be  
            used to defray the future expenses of the Department of  
            Industrial Relations for the administration and enforcement of  
            apprenticeship standards and requirements under existing law.
          (Labor Code �1777.5)
           
          This bill  provides that if there are two or more approved  
          multiemployer apprenticeship programs serving the same craft or  
          trade and geographic area for which the training contributions  
          were made to CAC, the grant shall be divided among "all the  
          approved multiemployer apprenticeship programs serving the same  
          craft or trade in California" based on the number of apprentices  
          registered in each program.

                                      COMMENTS

          
          1.  Need for this bill?

            According to the author's office, the existing formula used to  
            distribute apprenticeship training funds allows apprenticeship  
            programs operating statewide or throughout multiple counties  
            to receive a disproportionate amount of funding from the  
            Division of Apprenticeship Standards (DAS) in comparison to  
            higher performing programs that operate countywide.  
            Specifically, the author's office points to the example that  
            under current law an apprenticeship program that has 200  
            enrollees covering 10 counties would receive the same amount  
            of training funds as 10 separate apprenticeship programs that  
            each train 200 individuals operating in 10 different counties.  
            According to the author, AB 1870 would institute an equitable  
            formula to disburse apprenticeship-training funds so that  
            programs operating within one county would get a disbursement  
          Hearing Date:  June 25, 2014                             AB 1870  
          Consultant: Deanna D. Ping                               Page 2

          Senate Committee on Labor and Industrial Relations 
          








            that reflects the fact they are training more apprentices than  
            programs operating on a multicounty level with significantly  
            fewer apprentices. 

          2.  Proponent Arguments  :

            According to proponents, AB 1870 would establish a fair  
            distribution formula so that all programs would get their  
            appropriate disbursement amount instead of the current formula  
            which disproportionately provides more funding to programs  
            with fewer apprentices. Proponents argue that the problem with  
            the current distribution formula is that an overwhelming  
            portion of the funds expended annually are going to statewide  
            apprenticeship programs that repeatedly graduate far less  
            apprentices than the regional and local Joint Apprenticeship  
            Training Committee programs. Proponents bring attention to the  
            following statistics: in 2012, for electrical workers  
            apprenticeship programs, JATC's graduated 712 wiremen/sound  
            and communication installers or more than 80% of all statewide  
            graduates for this craft. Yet, proponents bring attention to  
            the fact that statewide programs received nearly 75% of the  
            funding and the JATC's received less than 30%. Proponents  
            contend that AB 1870 will ensure that the funds generated get  
            back to the programs that are producing the workers and will  
            institute an equitable formula to disburse  
            apprenticeship-training funds.

          3.  Opponent Arguments  :

            Opponents argue that AB 1870 changes the long-standing method  
            by which the state allocates apprenticeship training grants  
            without increasing the level of state funding for the  
            training. Opponents argue that the current system, in which  
            contractor contributions are sent to programs that are  
            authorized by the state to indenture apprentices in the county  
            from which the contributions originated, logically supports  
            apprentices in the same county in which the work is being  
            performed. Opponents contend that AB 1870 radically shifts  
            journey worker contributions from one program to another -  
            which could cause some programs to lose about 2/3rds of their  
            allocations. Opponents maintain that AB 1870 will take  
            contributions and send them to programs statewide, thus  
          Hearing Date:  June 25, 2014                             AB 1870  
          Consultant: Deanna D. Ping                               Page 3

          Senate Committee on Labor and Industrial Relations 
          








            allocating contributions from individual counties in which  
            work is being performed and sending them to programs in 57  
            other counties. Opponents argue that while programs in San  
            Francisco, Los Angeles, and San Diego may realize a very  
            modest benefit, those programs actually serving small rural  
            counties could see their grants reduced substantially.  
            Opponents maintain that it is preferable to increase funding  
            for every eligible program. 


                                       SUPPORT
          
          State Building and Construction Trades Council of California  
          (Co-Sponsor)
          California Labor Federation, AFL-CIO
          California State Pipe Trades Council
          The California State Association of Electrical Workers
          Western States Council of Sheet Metal Workers
          

                                     OPPOSITION
          
          Air Conditioning Trade Association (ACTA)
          Associated Builders and Contractors of California
          Associated Builders and contractors of San Diego
          Plumbing-Heating-Cooling Contractors Association of California  
          (CAPHCC)
          The California Fire Training Alliance
          Western Burglar and Fire Alarm Association Unilateral  
          Apprenticeship & Training Committee
          Western Electrical Contractors Association (WECA)










          Hearing Date:  June 25, 2014                             AB 1870  
          Consultant: Deanna D. Ping                               Page 4

          Senate Committee on Labor and Industrial Relations