Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices.

Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards, and requires the council to aid the director in formulating policies with respect to apprentice regulation.

Existing law requires the Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council to report annually through the Director of Industrial Relations on the activities of the division and the council, and further requires that the report include specified information with respect to apprenticeship programs in this state.

This bill would require the report to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year.

Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices.

Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards, and requires the council to aid the director in formulating policies with respect to apprentice regulation.

Existing law requires the Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council to report annually through the Director of Industrial Relations on the activities of the division and the council, and further requires that the report include specified information with respect to apprenticeship programs in this state.

This bill would require the report to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year.

CONCURRENCE IN SENATE AMENDMENTS

CSA2 Bill Id:AB 520

Author:(Levine and Atkins)

As Amended Ver:August 15, 2016

Majority vote

(vote not relevant)

L. & E.

Original Committee Reference: L. & E.

SUMMARY: Requires the Occupational Safety and Health Standards Board (Standards Board) to adopt a standard that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified, and makes other changes to existing law.

The Senate amendments:

1. Require the Standards Board, by June 1, 2017, to adopt a standard that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel.
2. Specify that the standard shall include all of the following:
   1. A requirement that an employee performing corrosion prevention work be trained in accordance with the National Association of Corrosion Engineers International (NACE) 13/Applicator Certification Standard No. 1(ACS 1) for an industrial coating and lining application specialist developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE).
   2. A requirement that an employee who performs corrosion prevention work obtain a certification as an SSPC Level 2 Corrosion Application Specialist, or an equivalent certification.
   3. A requirement that an employer performing corrosion prevention work use at least three trained and certified employees for every one employee who is not certified, with the uncertified employee working under supervision.
   4. Provisions that allow corrosion prevention work to be performed by apprentices registered in an industrial apprenticeship program approved by the Division of Apprenticeship Standards (DAS) that provides training to meet the NACE 13/ACS 1 standard.
   5. Provisions that require an employer to maintain records of compliance with the standard and allow reasonable access to those records by members of the public in a manner that protects employee privacy.
   6. An appropriate phase-in period for the certification requirement that ensures full implementation of the standard by January 1, 2020.
   7. A definition of corrosion prevention work that includes surface preparation, including abrasive blasting, and application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention.
   8. An exception from the standard for work on sheet metal and ventilation systems, or on plumbing and piping systems or precast concrete work that is performed offsite when the work on these systems or precast concrete work is performed by either:
      1. Skilled journeypersons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the DAS or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.
      2. Apprentices registered in an apprenticeship program for the applicable occupation that was approved by the DAS.
   9. An exception from the standard if the surface to be prepared and the surface to be coated are both smaller than 100 square or 100 linear feet.
3. Provide that this bill shall not be construed to limit the authority of the Standards Board to adopt additional standards to protect employees performing corrosion prevention or other industrial painting work. Nothing in this bill shall be interpreted to preclude the Standards Board from adopting standards that include elements or requirements additional to, or broader in scope than, those described in this bill.

FISCAL EFFECT: Unknown

COMMENTS: The SSPC and the NACE are third-party organizations that develop training, manufacturing and safety specifications and certifications based on science and researched best-practices. NACE establishes industry standards for corrosion protection. The organization also offers technical training and certification programs, conferences, reports, publications, technical journals, and government relations activities.

In 2004, the SPPC and NACE collaborated to develop a general industry standard for the safe performance of corrosion prevention work. With input from industry experts and career industrial painters, they developed the NACE 13/ACS 1 standard for certification as an Industrial Coating and Lining Application Specialist. According to the author, the NACE 13/ACS 1 standard represents the consensus of the industrial painting community as to the body of knowledge necessary to perform surface preparation and coating application safely and effectively for steel and concrete surfaces for complex industrial and infrastructure projects.

In 2013, the Legislature passed SB 792 (Padilla), which required the Director of the Department of Industrial Relations (DIR), in consultation with the Department of Toxic Substances Control, to adopt regulations establishing standards for the performance of corrosion prevention and mitigation work on public projects that reflect industry best practices.

The author and the sponsor of SB 792 (the International Union of Painters and Allied Trades), argued that the well-being of California and its people is dependent upon the quality and integrity of its water infrastructure, bridges, roads and industrial structures. Ensuring the reliability of these public assets depends primarily on two factors: the performance of proper, timely preventive maintenance by certified workers as well as the extent and severity of structural corrosion or other deterioration. They argued that as California is poised to spend more than $7 billion on water infrastructure in the near future, preventative measures like corrosion prevention applications should be a part of all new construction, retrofitting, and maintenance work. This protects against deterioration of the building materials, as well as environmental contamination from leakage, breaks, or the release of toxics.

However, SB 792 was vetoed by Governor Brown. In his veto message, the Governor stated:

"This bill directs the Department of Industrial Relations, in consultation with the Department of Toxic Substances Control, to adopt regulations, on or before January 1, 2016, to establish performance standards for corrosion prevention work on projects designated as public works. Unfortunately, the development of these standards is outside of the jurisdiction and expertise of these departments.

"Using industry accepted standards for corrosion prevention and worker safety on public infrastructure projects is good policy and procurement requirements should ensure that all workers are properly trained and certified to do this critical work.

Therefore I am directing the Department of Industrial Relations to incorporate industry accepted standards for corrosion prevention training into the appropriate apprenticeship programs. I am also directing the department to work with the Standards Board to assess the adequacy of safety standards for workers engaged in corrosion prevention work and make necessary changes."

On August 26, 2015, the International Union of Painters and Allied Trades filed a petition with the Standards Board to amend the General Industry Safety Orders to adopt a safety and health standard governing the performance of corrosion prevention work on industrial and infrastructure projects in California. The Standards Board convened an advisory committee to discuss the necessity for amending the current standards to include the requirements of the NACE 13/ACS 1 standard.

However, such a standard has not yet been adopted by the Standards Board. The petitioner and supporters have expressed concerns that there have been delays between meetings of the advisory committee, and that the Standards Board is considering dispensing with the requirement of independent third party certification, which they contend is an essential component of any effective, enforceable regulation in this area.

Supporters of this bill argue that it would reduce long-term costs and ultimately save taxpayer money. They argue that the NACE 13 ACS/1 standard is the most widely recognized standard by public and private entities on their corrosion prevention projects. This would not only prevent early deterioration due to corrosion and related environmental contamination, but also ensure that the highest industry safety standards are applied on what is often very dangerous work.

Opponents argue that this bill differs from other requirements of existing law by mandating a particular regulatory scheme. They argue that this bill bypasses any evaluation of industry practices and procedures and mandates a new certification requirement in the final weeks of the legislative session where there will be scant opportunity for the public, industry and others to opine on the new mandates. Furthermore, they raise numerous concerns about the specific requirements of the bill, including the fact that it sets a single standard for training and establishes a monopoly for SSPC and NACE.

Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091 FN: 0004964

Date of Hearing: August 29, 2016

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Tony Thurmond, Chair

ABPCA Bill Id:AB 520 (

Author:Levine) – As Amended Ver:August 15, 2016

SUBJECT: Private employment: occupational safety and apprenticeships

SUMMARY: Requires the Occupational Safety and Health Standards Board (Standards Board) to adopt a standard that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified, and makes other changes to existing law. Specifically, this bill:

1. Requires the Standards Board, by June 1, 2017, to adopt a standard that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel.
2. Specifies that the standard shall include all of the following:
   1. A requirement that an employee performing corrosion prevention work be trained in accordance with the NACE 13/ACS 1 standard for an industrial coating and lining application specialist developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE).
   2. A requirement that an employee who performs corrosion prevention work obtain a certification as an SSPC Level 2 Corrosion Application Specialist, or an equivalent certification.
   3. A requirement that an employer performing corrosion prevention work use at least three trained and certified employees for every one employee who is not certified, with the uncertified employee working under supervision.
   4. Provisions that allow corrosion prevention work to be performed by apprentices registered in an industrial apprenticeship program approved by the Division of Apprenticeship Standards (DAS) that provides training to meet the NACE 13/ACS 1 standard.
   5. Provisions that require an employer to maintain records of compliance with the standard and allow reasonable access to those records by members of the public in an manner that protects employee privacy.
   6. An appropriate phase-in period for the certification requirement that ensures full implementation of the standard by January 1, 2020.
   7. A definition of corrosion prevention work that includes surface preparation, including abrasive blasting, and application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention.
   8. An exception from the standard for work on sheet metal and ventilation systems, or on plumbing and piping systems or precast concrete work that is performed offsite when the work on these systems or precast concrete work is performed by either:
      1. Skilled journeypersons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the DAS or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.
      2. Apprentices registered in an apprenticeship program for the applicable occupation that was approved by the DAS.
   9. An exception from the standard if the surface to be prepared and the surface to be coated are both smaller than 100 square or 100 linear feet.
3. Provides that this bill shall not be construed to limit the authority of the Standards Board to adopt additional standards to protect employees performing corrosion prevention or other industrial painting work. Nothing in this bill shall be interpreted to preclude the Standards Board from adopting standards that include elements or requirements additional to, or broader in scope than, those described in this bill.

FISCAL EFFECT: Unknown

COMMENTS: The Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers (NACE) are third-party organizations that develop training, manufacturing and safety specifications and certifications based on science and researched best-practices. NACE establishes industry standards for corrosion protection. The organization also offers technical training and certification programs, conferences, reports, publications, technical journals, and government relations activities.

In 2004, the SPPC and NACE collaborated to develop a general industry standard for the safe performance of corrosion prevention work. With input from industry experts and career industrial painters, they developed the NACE 13/ACS 1 standard for certification as an Industrial Coating and Lining Application Specialist. According to the author, the NACE 13/ACS 1 standard represents the consensus of the industrial painting community as to the body of knowledge necessary to perform surface preparation and coating application safely and effectively for steel and concrete surfaces for complex industrial and infrastructure projects.

In 2013, the Legislature passed SB 792 (Padilla), which required the Director of the Department of Industrial Relations (DIR), in consultation with the Department of Toxic Substances Control, to adopt regulations establishing standards for the performance of corrosion prevention and mitigation work on public projects that reflect industry best practices.

The author and the sponsor of SB 792 (the International Union of Painters and Allied Trades), argued that the well-being of California and its people is dependent upon the quality and integrity of its water infrastructure, bridges, roads and industrial structures. Ensuring the reliability of these public assets depends primarily on two factors: the performance of proper, timely preventive maintenance by certified workers as well as the extent and severity of structural corrosion or other deterioration. They argued that as California is poised to spend more than $7 billion on water infrastructure in the near future preventative measures like corrosion prevention applications should be a part of all new construction, retrofitting, and maintenance work. This protects against deterioration of the building materials, as well as environmental contamination from leakage, breaks, or the release of toxics.

However, SB 792 was vetoed by Governor Brown. In his veto message, the Governor stated:

"This bill directs the Department of Industrial Relations, in consultation with the Department of Toxic Substances Control, to adopt regulations, on or before January 1, 2016, to establish performance standards for corrosion prevention work on projects designated as public works. Unfortunately, the development of these standards is outside of the jurisdiction and expertise of these departments. 

Using industry accepted standards for corrosion prevention and worker safety on public infrastructure projects is good policy and procurement requirements should ensure that all workers are properly trained and certified to do this critical work. 

Therefore I am directing the Department of Industrial Relations to incorporate industry accepted standards for corrosion prevention training into the appropriate apprenticeship programs. I am also directing the department to work with the Standards Board to assess the adequacy of safety standards for workers engaged in corrosion prevention work and make necessary changes."

On August 26, 2015, the International Union of Painters and Allied Trades filed a petition with the Standards Board to amend the General Industry Safety Orders to adopt a safety and health standard governing the performance of corrosion prevention work on industrial and infrastructure projects in California. The Standards Board convened an advisory committee to discuss the necessity for amending the current standards to include the requirements of the NACE 13/ACS 1 standard.

However, such a standard has not yet been adopted by the Standards Board. The petitioner and supporters have expressed concerns that there have been delays between meetings of the advisory committee, and that the Standards Board is considering dispensing with the requirement of independent third party certification, which they contend is an essential component of any effective, enforceable regulation in this area.

Supporters of this bill argue that it would reduce long-term costs and ultimately save taxpayer money. They argue that the NACE 13 ACS/1 standard is the most widely recognized standard by public and private entities on their corrosion prevention projects. This would not only prevent early deterioration due to corrosion and related environmental contamination, but also ensure that the highest industry safety standards are applied on what is often very dangerous work.

Opponents argue that this bill differs from other requirements of existing law by mandating a particular regulatory scheme. They argue that this bill bypasses any evaluation of industry practices and procedures and mandates a new certification requirement in the final weeks of the legislative session where there will be scant opportunity for the public, industry and others to opine on the new mandates. Furthermore, they raise numerous concerns about the specific requirements of the bill, including the fact that it sets a single standard for training and establishes a monopoly for SSPC and NACE.

REGISTERED SUPPORT / OPPOSITION:

Support

Auto, Marine & Specialty Painters Local Union 1176

International Union of Painters and Allied Trades, District Council 16

International Union of Painters and Allied Trades, Painters & Drywall Finishers, Local 83

International Union of Painters and Allied Trades, Painters & Drywall Finishers, Local 376

International Union of Painters and Allied Trades, Painters & Drywall Finishers, Local 741

International Union of Painters and Allied Trades, Painters & Tapers, Local 272

International Union of Painters and Allied Trades, Painters & Tapers, Local 487

International Union of Painters and Allied Trades, Painters & Tapers, Local 507

IU of Painters and Allied Trades, Painters, Tapers, Floorcoverers, & Glaziers, Local 294

State Building and Construction Trades Council of California

Opposition

Associated Builders and Contractors of California

Associated Builders and Contractors-San Diego Chapter

Associated General Contractors

Plumbing-Heating-Cooling Contractors Association of California

Western Electrical Contractors Association

Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 520

Author:(Levine and Atkins)

As Amended Ver:August 15, 2016

Majority vote

Original Committee Reference: L. & E.

SUMMARY: Requires the Occupational Safety and Health Standards Board (Standards Board) to adopt a standard that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified, and makes other changes to existing law.

The Senate amendments:

1. Require the Standards Board, by June 1, 2017, to adopt a standard that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel.
2. Specify that the standard shall include all of the following:
   1. A requirement that an employee performing corrosion prevention work be trained in accordance with the NACE 13/ACS 1 standard for an industrial coating and lining application specialist developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE).
   2. A requirement that an employee who performs corrosion prevention work obtain a certification as an SSPC Level 2 Corrosion Application Specialist, or an equivalent certification.
   3. A requirement that an employer performing corrosion prevention work use at least three trained and certified employees for every one employee who is not certified, with the uncertified employee working under supervision.
   4. Provisions that allow corrosion prevention work to be performed by apprentices registered in an industrial apprenticeship program approved by the Division of Apprenticeship Standards (DAS) that provides training to meet the NACE 13/ACS 1 standard.
   5. Provisions that require an employer to maintain records of compliance with the standard and allow reasonable access to those records by members of the public in a manner that protects employee privacy.
   6. An appropriate phase-in period for the certification requirement that ensures full implementation of the standard by January 1, 2020.
   7. A definition of corrosion prevention work that includes surface preparation, including abrasive blasting, and application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention.
   8. An exception from the standard for work on sheet metal and ventilation systems, or on plumbing and piping systems or precast concrete work that is performed offsite when the work on these systems or precast concrete work is performed by either:
      1. Skilled journeypersons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the DAS or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.
      2. Apprentices registered in an apprenticeship program for the applicable occupation that was approved by the DAS.
   9. An exception from the standard if the surface to be prepared and the surface to be coated are both smaller than 100 square or 100 linear feet.
3. Provide that this bill shall not be construed to limit the authority of the Standards Board to adopt additional standards to protect employees performing corrosion prevention or other industrial painting work. Nothing in this bill shall be interpreted to preclude the Standards Board from adopting standards that include elements or requirements additional to, or broader in scope than, those described in this bill.

FISCAL EFFECT: Unknown

COMMENTS: The SSPC and the NACE are third-party organizations that develop training, manufacturing and safety specifications and certifications based on science and researched best-practices. NACE establishes industry standards for corrosion protection. The organization also offers technical training and certification programs, conferences, reports, publications, technical journals, and government relations activities.

In 2004, the SPPC and NACE collaborated to develop a general industry standard for the safe performance of corrosion prevention work. With input from industry experts and career industrial painters, they developed the NACE 13/ACS 1 standard for certification as an Industrial Coating and Lining Application Specialist. According to the author, the NACE 13/ACS 1 standard represents the consensus of the industrial painting community as to the body of knowledge necessary to perform surface preparation and coating application safely and effectively for steel and concrete surfaces for complex industrial and infrastructure projects.

In 2013, the Legislature passed SB 792 (Padilla), which required the Director of the Department of Industrial Relations (DIR), in consultation with the Department of Toxic Substances Control, to adopt regulations establishing standards for the performance of corrosion prevention and mitigation work on public projects that reflect industry best practices.

The author and the sponsor of SB 792 (the International Union of Painters and Allied Trades), argued that the well-being of California and its people is dependent upon the quality and integrity of its water infrastructure, bridges, roads and industrial structures. Ensuring the reliability of these public assets depends primarily on two factors: the performance of proper, timely preventive maintenance by certified workers as well as the extent and severity of structural corrosion or other deterioration. They argued that as California is poised to spend more than $7 billion on water infrastructure in the near future, preventative measures like corrosion prevention applications should be a part of all new construction, retrofitting, and maintenance work. This protects against deterioration of the building materials, as well as environmental contamination from leakage, breaks, or the release of toxics.

However, SB 792 was vetoed by Governor Brown. In his veto message, the Governor stated:

This bill directs the Department of Industrial Relations, in consultation with the Department of Toxic Substances Control, to adopt regulations, on or before January 1, 2016, to establish performance standards for corrosion prevention work on projects designated as public works. Unfortunately, the development of these standards is outside of the jurisdiction and expertise of these departments.

Using industry accepted standards for corrosion prevention and worker safety on public infrastructure projects is good policy and procurement requirements should ensure that all workers are properly trained and certified to do this critical work.

Therefore I am directing the Department of Industrial Relations to incorporate industry accepted standards for corrosion prevention training into the appropriate apprenticeship programs. I am also directing the department to work with the Standards Board to assess the adequacy of safety standards for workers engaged in corrosion prevention work and make necessary changes.

On August 26, 2015, the International Union of Painters and Allied Trades filed a petition with the Standards Board to amend the General Industry Safety Orders to adopt a safety and health standard governing the performance of corrosion prevention work on industrial and infrastructure projects in California. The Standards Board convened an advisory committee to discuss the necessity for amending the current standards to include the requirements of the NACE 13/ACS 1 standard.

However, such a standard has not yet been adopted by the Standards Board. The petitioner and supporters have expressed concerns that there have been delays between meetings of the advisory committee, and that the Standards Board is considering dispensing with the requirement of independent third party certification, which they contend is an essential component of any effective, enforceable regulation in this area.

Supporters of this bill argue that it would reduce long-term costs and ultimately save taxpayer money. They argue that the NACE 13 ACS/1 standard is the most widely recognized standard by public and private entities on their corrosion prevention projects. This would not only prevent early deterioration due to corrosion and related environmental contamination, but also ensure that the highest industry safety standards are applied on what is often very dangerous work.

Opponents argue that this bill differs from other requirements of existing law by mandating a particular regulatory scheme. They argue that this bill bypasses any evaluation of industry practices and procedures and mandates a new certification requirement in the final weeks of the legislative session where there will be scant opportunity for the public, industry and others to opine on the new mandates. Furthermore, they raise numerous concerns about the specific requirements of the bill, including the fact that it sets a single standard for training and establishes a monopoly for SSPC and NACE.

Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091 FN: 0004398

 THIRD READING  

Bill No: AB 520

Author:

:

Vote:

SENATE LABOR & IND. REL. COMMITTEE: 3-0, 6/8/16

AYES: Mendoza, Leno, Mitchell

NO VOTE RECORDED: Stone, Jackson

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE LABOR & IND. REL. COMMITTEE: 4-1, 8/17/16 (pursuant to Senate Rule 29.10)

AYES: Mendoza, Jackson, Leno, Mitchell

NOES: Stone

ASSEMBLY FLOOR: 60-0, 4/27/15 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill instructs the Occupational Safety and Health Standards Board to adopt a standard developed by the Division of Occupational Safety and Health that requires employers to use trained and certified personnel when performing corrosion prevention work, as specified, on industrial and infrastructure projects.

ANALYSIS:

Existing law:

1. Establishes the Occupational Safety and Health Standards Board (Board), within the Department of Industrial Relations, as the standards-setting agency for the Division of Occupational Safety and Health (Cal/OSHA). The Board promulgates and enforces occupational safety and health standards for the state (Labor Code §140 and §142.3).
2. Establishes the Division of Apprenticeship Standards (DAS) to administer California apprenticeship law and enforce apprenticeship standards for wages, hours, working conditions and the specific skills required for state certification as a journeyperson in an apprenticeable occupation. Within the DAS, the California Apprenticeship Council (CAC) issues rules and regulations which establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements (Labor Code §3070 and §3071).
3. Requires the Chief of the DAS and the CAC to report annually through the Director of Industrial Relations to the Legislature on the activities of the DAS and the CAC including certain aspects of apprenticeship programs in the state (Labor Code §3073.5).

This bill:

1. States that the Board must, by June 1, 2017, adopt a standard to be developed by Cal/OSHA that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel.
2. Specifies further that this standard include a requirement that employees performing this type of work be trained and certified according to the NACE 13/ACS 1 standard developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE) for an industrial coating and lining application specialist. Apprentices registered in an industrial apprenticeship program approved by the DAS that provides training to meet the NACE 13/ACS 1 standard may also perform this work.
3. Defines “corrosion prevention work” as surface preparation, including abrasive blasting, and the application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention.
4. Stipulates that when performing this work, three employees certified in this manner must be used by employers for every one employee who is not, and that those employees must be supervised by those who are certified.
5. Requires that employers maintain reasonably-accessible records of compliance with this standard in a manner that protects employee privacy.
6. Specifies that this certification requirement will be phased in, and that the standard must be fully-implemented by January 1, 2020.
7. Makes an exception from the standard for work on sheet metal, ventilation systems, plumbing and piping systems or precast concrete work that is performed offsite when the work on these systems or precast work is performed by either:
   1. Skilled journey persons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the DAS, or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.
   2. Apprentices registered in an apprenticeship program for the applicable occupation that was approved by the Chief of the DAS.
8. Makes and additional exception from the standard if the surface to be prepared and coated are both smaller than 100 square or 100 linear feet.
9. Specifies that these provisions do not limit the authority of the Board to adopt additional standards that may include elements of this standard, or additional requirements that are broader in scope than those described in this bill, to protect employees performing corrosion prevention or other industrial painting work.
10. Mandates that in the required annual report to the Legislature, the Chief of the DAS and the CAC must include an analysis of any apprenticeship standards or regulations proposed or adopted in the previous year.

Comments

SSPC and NACE. SSPC and NACE are third-party organizations that develop training, manufacturing and safety specifications and certifications based on science and researched best-practices. NACE establishes industry standards for corrosion protection. The organization also offers technical training and certification programs, conferences, reports, publications, technical journals, and government relations activities. Employees performing corrosion prevention work would be required, as specified in the provisions of this bill, to be trained and/or certified according to the standards set by these organizations.

Need for this bill? The author states that corrosion is the natural deterioration of a substance because of a reaction with its environment. A 2002 study released by the Federal Highway Administration revealed that metallic corrosion costs the country $276 billion per year. The primary defense against corrosion involves the application of protective coatings to surfaces. Accordingly, the author believes that the performance of corrosion prevention work on industrial and infrastructure projects presents significant safety and health risks that should be addressed by an occupational safety and health standard applicable to the work at issue.

In 2004, SSPC and NACE collaborated to develop a general industry standard for the safe performance of corrosion prevention work. With input from industry experts and career industrial painters, they developed the NACE 13/ACS 1 standard for certification as an Industrial Coating and Lining Application Specialist. The NACE 13/ACS 1 standard represents the consensus of the industrial painting community as to the body of knowledge necessary to perform surface preparation and coating application safely and effectively for steel and concrete surfaces for complex industrial and infrastructure projects.

The author goes on to state that the International Union of Painters and Allied Trades filed a petition, accompanied by supporting evidence, seeking the adoption of a corrosion prevention standard with the Board on August 24, 2015. The author states that the Board granted the petition and referred the matter to a Cal/OSHA Industrial Painter Certification Advisory Committee, but that the proceeding has stalled. The author believes that this bill and the standard it calls for are necessary to protect the health and safety of corrosion prevention workers.

Prior Legislation

SB 792 (Padilla, 2013) directed the Department of Industrial Relations in consultation with the Department of Toxic Substances Control to adopt regulations for corrosion prevention work on public infrastructure projects. Also, the bill provided that these regulations required the use of certified personnel for the application of protective coatings and linings on steel and concrete in order to prevent early deterioration due to corrosion and related environmental contamination. Finally, the bill mandated that by January 1, 2017, these regulations be a condition of public contracts receiving state funds. The bill was vetoed by the Governor. Governor Brown’s veto message states:

This bill directs the Department of Industrial Relations, in consultation with the Department of Toxic Substances Control, to adopt regulations, on or before January 1, 2016, to establish performance standards for corrosion prevention work on projects designated as public works. Unfortunately, the development of these standards is outside of the jurisdiction and expertise of these departments.

Using industry accepted standards for corrosion prevention and worker safety on public infrastructure projects is good policy and procurement requirements should ensure that all workers are properly trained and certified to do this critical work.

Therefore I am directing the Department of Industrial Relations to incorporate industry accepted standards for corrosion prevention training into the appropriate apprenticeship programs. I am also directing the department to work with the Standards Board to assess the adequacy of safety standards for workers engaged in corrosion prevention work and make necessary changes.

FISCAL EFFECT: Appropriation: Fiscal Com.: Yes Local:

SUPPORT: (Verified 8/17/16)

Auto, Marine & Specialty Painters Local Union 1176

International Union of Painters and Allied Trades, District Council 16

International Union of Painters and Allied Trades, Painters & Drywall Finishers, Local 83

International Union of Painters and Allied Trades, Painters & Drywall Finishers, Local 376

International Union of Painters and Allied Trades, Painters & Drywall Finishers, Local 741

International Union of Painters and Allied Trades, Painters & Tapers, Local 272

International Union of Painters and Allied Trades, Painters & Tapers, Local 487

International Union of Painters and Allied Trades, Painters & Tapers, Local 507

International Union of Painters and Allied Trades, Painters, Tapers, Floorcoverers, & Glaziers, Local 294

State Building and Construction Trades Council of California

OPPOSITION: (Verified 8/17/16)

Associated Builders and Contractors of California

Associated Builders and Contractors-San Diego Chapter

Associated General Contractors

Plumbing-Heating-Cooling Contractors Association of California

Western Electrical Contractors Association

ARGUMENTS IN SUPPORT: Proponents state that corrosion prevention work is absolutely necessary for prolonging the durability and integrity of a wide range of infrastructure and industrial structures, as well as protecting the environment from potentially hazardous materials. Proponents believe that when coatings or linings are applied incorrectly, this protection can be short-lived and that reapplication or intensive repair is subsequently needed. This can result in cost overruns or unexpected maintenance needs. Skilled and certified workers applying these coats ensure that the work is done properly, on time, and to the highest industry standards. Proponents state that these regulations will allow future contracts to reflect the priorities of infrastructure longevity, environmental protection, and worker safety. In a competitive work environment with the pressure of schedules and costs, proponents contend that the first thing compromised is workers’ health and safety. They argue that AB 520 will set down needed health and safety standards for those who perform this dangerous work.

ARGUMENTS IN OPPOSITION: Opponents contend that AB 520

bypasses an evaluation of industry practices and procedures, and mandates a new certification requirement based only on a single standard developed by SSPC and NACE. Furthermore, opponents state that AB 520 sets a 3-1 ratio of certified employees to those uncertified, and that a “one-size fits all” standard does not give contractors any flexibility based upon the complexity of the project. Opponents also argue that the bill broadly defines “corrosion prevention work” to the degree that virtually any preparation of steel or concrete and the application of any finish that could provide corrosion protection is covered by the requirement. Finally, opponents state that AB 520 applies to “industrial and infrastructure projects” which they believe suggests that other than residential construction, every other construction project, private and public, would fall under the requirements of the bill.

ASSEMBLY FLOOR: 60-0, 4/27/15

AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins

NO VOTE RECORDED: Travis Allen, Bigelow, Brough, Campos, Chang, Dahle, Beth Gaines, Gallagher, Harper, Jones, Kim, Linder, Maienschein, Mathis, Mayes, Melendez, Patterson, Steinorth, Wagner, Wilk

Prepared by:

8/17/16 16:06:32

**** END ****

SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senator Tony Mendoza, Chair

2015 - 2016 Regular

Bill No: AB 520 Hearing Date: August 17, 2016

Subject: Private employment: occupational safety and apprenticeships

KEY ISSUE

Should the Legislature instruct the Occupational Safety and Health Standards Board to adopt a standard developed by the Division of Occupational Safety and Health that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel?

ANALYSIS

Existing law

1. Establishes the Occupational Safety and Health Standards Board (Board), within the Department of Industrial Relations, as the standards-setting agency for the Division of Occupational Safety and Health (Cal/OSHA). The Board promulgates and enforces occupational safety and health standards for the state (Labor Code §140 and §142.3).
2. Establishes the Division of Apprenticeship Standards (DAS) to administer California apprenticeship law and enforce apprenticeship standards for wages, hours, working conditions and the specific skills required for state certification as a journeyperson in an apprenticeable occupation. Within the DAS, the California Apprenticeship Council (CAC) issues rules and regulations which establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements (Labor Code §3070 and §3071).
3. Requires the Chief of the DAS and the CAC to report annually through the Director of Industrial Relations to the Legislature on the activities of the DAS and the CAC including certain aspects of apprenticeship programs in the State (Labor Code §3073.5).

This Bill

1. States that the Board must, by June 1, 2017, adopt a standard to be developed by Cal/OSHA that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel.
2. Further specifies that this standard include a requirement that employees performing this type of work be trained and certified according to the NACE 13/ACS 1 standard developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE) for an industrial coating and lining application specialist. Apprentices registered in an industrial apprenticeship program approved by the DAS that provides training to meet the NACE 13/ACS 1 standard may also perform this work.
3. Defines “corrosion prevention work” as surface preparation, including abrasive blasting, and the application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention.
4. Stipulates that when performing this work, three employees certified in this manner must be used by employers for every one employee who is not, and that those employees must be supervised by those who are certified.
5. Requires that employers maintain reasonably-accessible records of compliance with this standard in a manner that protects employee privacy.
6. Specifies that this certification requirement will be phased in, and that the standard must be fully-implemented by January 1, 2020.
7. Makes an exception from the standard for work on sheet metal, ventilation systems, plumbing and piping systems or precast concrete work that is performed offsite when the work on these systems or precast work is performed by either:
   
   1. Skilled journey persons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the DAS, or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.
      
   2. Apprentices registered in an apprenticeship program for the applicable occupation that was approved by the Chief of the DAS.
8. Makes and additional exception from the standard if the surface to be prepared and coated are both smaller than 100 square or 100 linear feet.
9. Specifies that these provisions do not limit the authority of the Board to adopt additional standards that may include elements of this standard, or additional requirements that are broader in scope than those described in this bill, to protect employees performing corrosion prevention or other industrial painting work.
10. Mandates that in the required annual report to the Legislature, the Chief of the DAS and the CAC must include an analysis of any apprenticeship standards or regulations proposed or adopted in the previous year.

COMMENTS

1. Brief Background

The Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers (NACE) are third-party organizations that develop training, manufacturing and safety specifications and certifications based on science and researched best-practices. NACE establishes industry standards for corrosion protection. The organization also offers technical training and certification programs, conferences, reports, publications, technical journals, and government relations activities. Employees performing corrosion prevention work would be required, as specified in the provisions of the bill, to be trained and/or certified according to the standards set by these organizations.

2. Need for this bill?

The author states that corrosion is the natural deterioration of a substance because of a reaction with its environment. A 2002 study released by the Federal Highway Administration revealed that metallic corrosion costs the country $276 billion per year. The primary defense against corrosion involves the application of protective coatings to surfaces. Accordingly, the author believes that the performance of corrosion prevention work on industrial and infrastructure projects presents significant safety and health risks that should be addressed by an occupational safety and health standard applicable to the work at issue.

In 2004, the Society for Protective Coatings and NACE, International, collaborated to develop a general industry standard for the safe performance of corrosion prevention work. With input from industry experts and career industrial painters, they developed the NACE 13/ACS 1 standard for certification as an Industrial Coating and Lining Application Specialist. The NACE 13/ACS 1 standard represents the consensus of the industrial painting community as to the body of knowledge necessary to perform surface preparation and coating application safely and effectively for steel and concrete surfaces for complex industrial and infrastructure projects.

The author goes on to state that the International Union of Painters and Allied Trades filed a petition, accompanied by supporting evidence, seeking the adoption of a corrosion prevention standard with the Occupational Safety and Health Standards Board on August 24, 2015. The author states that the Board granted the petition and referred the matter to a Cal/OSHA Industrial Painter Certification Advisory Committee, but that the proceeding has stalled. The author believes that this bill and the standard it calls for are necessary to protect the health and safety of corrosion prevention workers.

3. Proponent Arguments:

Proponents state that corrosion prevention work is absolutely necessary for prolonging the durability and integrity of a wide range of infrastructure and industrial structures, as well as protecting the environment from potentially hazardous materials. Proponents believe that when coatings or linings are applied incorrectly, this protection can be short-lived and that reapplication or intensive repair is subsequently needed. This can result in cost overruns or unexpected maintenance needs. Skilled and certified workers applying these coats ensure that the work is done properly, on time, and to the highest industry standards. Proponents state that these regulations will allow future contracts to reflect the priorities of infrastructure longevity, environmental protection, and worker safety. In a competitive work environment with the pressure of schedules and costs, proponents contend that the first thing compromised is workers’ health and safety. They argue that AB 520 would set down needed health and safety standards for those who perform this dangerous work.

4. Opponent Arguments:

None received.

5. Prior Legislation:

SB 792 (Padilla) Vetoed, 2014 - Directed the Department of Industrial Relations in consultation with the Department of Toxic Substances Control to adopt regulations for corrosion prevention work on public infrastructure projects. Also, this bill provided that these regulations required the use of certified personnel for the application of protective coatings and linings on steel and concrete in order to prevent early deterioration due to corrosion and related environmental contamination. Finally, the bill mandated that by January 1, 2017, these regulations be a condition of public contracts receiving state funds.

Governor Brown’s Veto Message:

This bill directs the Department of Industrial Relations, in consultation with the Department of Toxic Substances Control, to adopt regulations, on or before January 1, 2016, to establish performance standards for corrosion prevention work on projects designated as public works. Unfortunately, the development of these standards is outside of the jurisdiction and expertise of these departments.

Using industry accepted standards for corrosion prevention and worker safety on public infrastructure projects is good policy and procurement requirements should ensure that all workers are properly trained and certified to do this critical work.

Therefore I am directing the Department of Industrial Relations to incorporate industry accepted standards for corrosion prevention training into the appropriate apprenticeship programs. I am also directing the department to work with the Standards Board to assess the adequacy of safety standards for workers engaged in corrosion prevention work and make necessary changes.  

SUPPORT

Auto, Marine & Specialty Painters Local Union 1176

International Union of Painters and Allied Trades, District Council 16

International Union of Painters and Allied Trades, Painters & Tapers, Local 487

International Union of Painters and Allied Trades, Painters & Tapers, Local 507

International Union of Painters and Allied Trades, Painters, Tapers, Floorcoverers, & Glaziers, Local 294

International Union of Painters and Allied Trades, Painters & Drywall Finishers, Local 83

International Union of Painters and Allied Trades, Painters & Drywall Finishers, Local 741

State Building and Construction Trades Council of California

OPPOSITION

None on file.

-- END --

 THIRD READING  

Bill No: AB 520

Author:

:

Vote:

SENATE LABOR & IND. REL. COMMITTEE: 3-0, 6/8/16

AYES: Mendoza, Leno, Mitchell

NO VOTE RECORDED: Stone, Jackson

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 60-0, 4/27/15 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill revises the annual report filed by the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC) to include any apprenticeship standards or regulations that were proposed or adopted in the previous year.

ANALYSIS: Existing law requires DAS and CAC to file an annual report through the Director of the Department of Industrial Relations (DIR) that contains information including, but not limited to, analyses of the following (Labor Code §3073.5):

1. The number of individuals, including numbers of women and minorities, registered in apprenticeship programs in this state for the current year and in each of the previous five years.
2. The number and percentage of apprentices, including numbers and percentages of minorities and women, registered in each apprenticeship program having five or more apprentices, and the percentage of those apprentices who have completed their programs successfully in the current year and in each of the previous five years.
3. Remedial actions taken by DAS to assist those apprenticeship programs having difficulty in achieving affirmative action goals or having very low completion rates.
4. The number of disputed issues with respect to individual apprenticeship agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by CAC on appeal.
5. The number of apprenticeship program applications received by DAS, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed.
6. The number of apprenticeship programs approved by DAS that are disapproved by the CAC, and the reasons for those disapprovals.

This bill adds apprenticeship standards or regulations that were proposed or adopted in the previous year to the annual report from DAS and CAC.

Comments

State‐registered apprenticeship is a unique and important component of California’s workforce development system. The system is administered by the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC). California continues to lead the nation, with 55,280 apprentices registered in over 540 programs recognized by DAS.

California Apprenticeship Council. CAC was established in 1939 by the Shelley‐Maloney Apprentice Labor Standards Act and comprises 17 members, 14 of whom are appointed by the Governor to serve four‐year terms. Of the appointed members, six represent management, six represent labor, and two represent the public. The Director of DIR, the Superintendent of Public Instruction, and the Chancellor of the California Community Colleges, or their permanent and best qualified designees, are also members of CAC. The Chair of CAC is elected annually by the members of CAC. The Chief of DAS serves as secretary to CAC, and DAS provides staff services. CAC holds open quarterly meetings to address issues affecting apprenticeship in California and to fulfill its statutory requirement to provide policy advice on apprenticeship matters to the Administrator of Apprenticeship and the Director of DIR. It also issues rules and regulations, as necessary, to carry out the intent of the law and ensures that selection procedures are impartially administered. CAC conducts appeal hearings on matters of apprenticeship agreement disputes, new apprenticeship standards approval, and apprenticeship program administration.

Division of Apprenticeship Standards. DAS operates within DIR and administers California’s apprenticeship law, the Shelley‐Maloney Apprentice Labor Standards Act of 1939, as well as CAC’s regulations. As an integral part of the California workforce development system, the primary responsibilities of DAS are the promotion and development of apprenticeship training programs, the improvement of working conditions for apprentices, and the advancement of subsequent employment opportunities for apprentices. DAS accomplishes these objectives by providing consultative services to apprenticeship program sponsors, employers, employee organizations, and education providers. Additionally, DAS has oversight responsibilities for proper program management of apprenticeship programs, ensuring that high training standards are maintained for all apprentices. DAS monitors apprentice wages, hours, working conditions, learning of skills, length of training, and required supplemental classroom instruction resulting in a healthy rate of program graduations for all apprentices, including women and people of ethnic minorities. Upon recommendation of the apprentice’s program sponsor, DAS certifies the completion of apprenticeship programs approved by CAC. For the year 2013, DAS issued 7,122 certificates of completion to graduating apprentices.

Prior Legislation

SB 792 (Padilla, 2014) would have directed DIR to establish performance standards for corrosion prevention work. SB 792 was vetoed by Governor Brown, who instead directed DIR to incorporate industry accepted standards for corrosion prevention training into the appropriate apprenticeship programs. 

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/27/16)

International Union of Painters and Allied Trades, District Council 16
State Building and Construction Trades Council, AFL-CIO

OPPOSITION: (Verified 6/27/16)

None received

ARGUMENTS IN SUPPORT: According to the author, this bill improves apprenticeship programs by increasing dialogue and communication between the Legislature and DIR. This bill will require DIR to include in the annual report to the Legislature proposed or adopted changes to apprenticeship standards. Supporters state that, because of the sizeable state investment in apprenticeship programs, it is critical for the Legislature and stakeholders to have as much data and feedback as possible about how the apprenticeship program is working. This will help ensure that we know our investment is paying off and apprenticeship programs are helping apprentices matriculate through the system.

ASSEMBLY FLOOR: 60-0, 4/27/15

AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins

NO VOTE RECORDED: Travis Allen, Bigelow, Brough, Campos, Chang, Dahle, Beth Gaines, Gallagher, Harper, Jones, Kim, Linder, Maienschein, Mathis, Mayes, Melendez, Patterson, Steinorth, Wagner, Wilk

Prepared by:

6/29/16 15:45:49

**** END ****

SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senator Tony Mendoza, Chair

2015 - 2016 Regular

Bill No: AB 520 Hearing Date: June 8, 2016

Subject: Apprenticeship

KEY ISSUE

Should the Legislature revise the annual report filed by the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC) to include any apprenticeship standards or regulations that were proposed or adopted in the previous year?

ANALYSIS

Existing law requires the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC) to file an annual report through the Director of Industrial Relations that contains information including, but not limited to, analyses of the following:

1. The number of individuals, including numbers of women and minorities, registered in apprenticeship programs in this state for the current year and in each of the previous five years.
2. The number and percentage of apprentices, including numbers and percentages of minorities and women, registered in each apprenticeship program having five or more apprentices, and the percentage of those apprentices who have completed their programs successfully in the current year and in each of the previous five years.
3. Remedial actions taken by the division to assist those apprenticeship programs having difficulty in achieving affirmative action goals or having very low completion rates.
4. The number of disputed issues with respect to individual apprenticeship agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the CAC on appeal.
5. The number of apprenticeship program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed.
6. The number of apprenticeship programs approved by DAS that are disapproved by the CAC, and the reasons for those disapprovals.

(Labor Code §3073.5)

This bill would add apprenticeship standards or regulations that were proposed or adopted in the previous year to the annual report from DAS and CAC.

COMMENTS

1. Background on California’s Apprenticeship System:

State‐registered apprenticeship is a unique and important component of California’s workforce development system. The system is administered by the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC). California continues to lead the nation, with 55,280 apprentices registered in over 540 programs recognized by DAS.

The California Apprenticeship Council (CAC)

The California Apprenticeship Council (CAC) was established in 1939 by the Shelley‐ Maloney Apprentice Labor Standards Act and comprises 17 members, 14 of whom are appointed by the Governor to serve four‐year terms. Of the appointed members, 6 represent management, 6 represent labor, and 2 represent the public. The Director of the Department of Industrial Relations (DIR), the Superintendent of Public Instruction, and the Chancellor of the California Community Colleges, or their permanent and best qualified designees, are also members of CAC. The Chair of CAC is elected annually by the members of the Council. The Chief of DAS serves as secretary to CAC, and DAS provides staff services. CAC holds open quarterly meetings to address issues affecting apprenticeship in California and to fulfill its statutory requirement to provide policy advice on apprenticeship matters to the Administrator of Apprenticeship and the Director of DIR. It also issues rules and regulations, as necessary, to carry out the intent of the law and ensures that selection procedures are impartially administered. The Council conducts appeal hearings on matters of apprenticeship agreement disputes, new apprenticeship standards approval, and apprenticeship program administration.

The Division of Apprenticeship Standards (DAS)

DAS operates within DIR and administers California’s apprenticeship law, the Shelley‐ Maloney Apprentice Labor Standards Act of 1939, as well as CAC’s regulations. As an integral part of the California workforce development system, the primary responsibilities of DAS are the promotion and development of apprenticeship training programs, the improvement of working conditions for apprentices, and the advancement of subsequent employment opportunities for apprentices. DAS accomplishes these objectives by providing consultative services to apprenticeship program sponsors, employers, employee organizations, and education providers. Additionally, DAS has oversight responsibilities for proper program management of apprenticeship programs, ensuring that high training standards are maintained for all apprentices. DAS monitors apprentice wages, hours, working conditions, learning of skills, length of training, and required supplemental classroom instruction resulting in a healthy rate of program graduations for all apprentices, including women and people of ethnic minorities. Upon recommendation of the apprentice’s program sponsor, DAS certifies the completion of apprenticeship programs approved by CAC. For the year 2013, DAS issued 7,122 certificates of completion to graduating apprentices.

2. Proponent Arguments:

According to the author, this bill improves apprenticeship programs by increasing dialogue and communication between the Legislature and DIR. This bill will require the DIR to include in the annual report to the Legislature proposed or adopted changes to apprenticeship standards.

Supporters state that, because of the sizeable state investment in apprenticeship programs, it is critical for the Legislature and stakeholders to have as much data and feedback as possible about how the apprenticeship program is working. This will help ensure that we know our investment is paying off and apprenticeship programs are helping apprentices matriculate through the system.

3. Opponent Arguments:

None on File.

4. Prior Legislation:

SB 792 (Padilla) of 2014 directed the Department of Industrial Relations to establish performance standards for corrosion prevention work. SB 792 was vetoed by Governor Brown, who instead directed the Department of Industrial Relations to incorporate industry accepted standards for corrosion prevention training into the appropriate apprenticeship programs. 

SUPPORT

International Union of Painters and Allied Trades, District Council 16

State Building and Construction Trades Council, AFL-CIO

OPPOSITION

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 520

Author:(Levine and Atkins)

As Introduced Ver:February 23, 2015

Majority vote

SUMMARY: Revises the annual report filed by the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC) to include any apprenticeship standards or regulations that were proposed or adopted in the previous year.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will result in minor and absorbable costs to the Department of Industrial Relations (DIR).

COMMENTS: State‐registered apprenticeship is a unique and important component of California's workforce development system. The system is administered by the DAS and the CAC. California continues to lead the nation, with 55,280 apprentices registered in over 540 programs recognized by DAS.

According to the author, this bill improves apprenticeship programs by increasing dialogue and communication between the Legislature and DIR. This bill will require the DIR to include in the annual report to the Legislature proposed or adopted changes to apprenticeship standards.

Supporters state that, because of the sizeable state investment in apprenticeship programs, it is critical for the Legislature and stakeholders to have as much data and feedback as possible about how the apprenticeship program is working. This will help ensure that we know our investment is paying off and apprenticeship programs are helping apprentices matriculate through the system.

Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091 FN: 0000192

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 520

Author:(Levine) – As Introduced Ver:February 23, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY: This bill revises the annual report filed by the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC) to include any apprenticeship standards or regulations that were proposed or adopted in the previous year.

FISCAL EFFECT: Minor/absorbable costs to the Department of Industrial Relations (DIR) to update the report to include proposed or adopted standards or regulations.

COMMENTS:

1. Purpose. Current law requires DAS and the CAC to file an annual report through the DIR that contains information, such as, individual apprentice registration and program completion rates. The report also tracks program approval and disapproval rates and dispute resolutions.

This bill is supported by the International Union of Painters and Allied Trades who state that, because of the sizeable state investment in apprenticeship programs, it is critical for the Legislature and stakeholders to have as much data and feedback as possible about how the apprenticeship program is working.

Background. The California Apprenticeship Council (CAC) was established in 1939 and is comprised of 14 members appointed by the Governor, the Director of DIR, the Superintendent of Public Instruction, and the Chancellor of the California Community Colleges. CAC provides policy advice on apprenticeship matters, issues rules and regulations and conducts appeal hearings on matters of apprenticeship agreement disputes, new apprenticeship standards approval, and apprenticeship program administration.

The Division of Apprenticeship Standards (DAS) operates within DIR and administers California’s apprenticeship law regulations developed by CAC. The primary responsibilities of DAS are the promotion and development of apprenticeship training programs, the improvement of working conditions for apprentices, and the advancement of subsequent employment opportunities for apprentices.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: April 8, 2015

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Roger Hernández, Chair

ABPCA Bill Id:AB 520

Author:(Levine) – As Introduced Ver:February 23, 2015

SUBJECT: Apprenticeship

SUMMARY: Revises the annual report filed by the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC) to include any apprenticeship standards or regulations that were proposed or adopted in the previous year.

EXISTING LAW requires DAS and the CAC to file an annual report through the Director of Industrial Relations that contains information including, but not limited to, analyses of the following:

1. The number of individuals, including numbers of women and minorities, registered in apprenticeship programs in this state for the current year and in each of the previous five years.

2. The number and percentage of apprentices, including numbers and percentages of minorities and women, registered in each apprenticeship program having five or more apprentices, and the percentage of those apprentices who have completed their programs successfully in the current year and in each of the previous five years.

3. Remedial actions taken by the division to assist those apprenticeship programs having difficulty in achieving affirmative action goals or having very low completion rates.

4. The number of disputed issues with respect to individual apprenticeship agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the CAC on appeal.

5. The number of apprenticeship program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed.

6. The number of apprenticeship programs approved by DAS that are disapproved by the CAC, and the reasons for those disapprovals.

FISCAL EFFECT: Unknown

COMMENTS: State‐registered apprenticeship is a unique and important component of California’s workforce development system. The system is administered by the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC). California continues to lead the nation, with 55,280 apprentices registered in over 540 programs recognized by DAS.

The California Apprenticeship Council (CAC)

The California Apprenticeship Council (CAC) was established in 1939 by the Shelley‐ Maloney Apprentice Labor Standards Act and comprises 17 members, 14 of whom are appointed by the Governor to serve four‐year terms. Of the appointed members, 6 represent management, 6 represent labor, and 2 represent the public. The Director of the Department of Industrial Relations (DIR), the Superintendent of Public Instruction, and the Chancellor of the California Community Colleges, or their permanent and best qualified designees, are also members of CAC. The Chair of CAC is elected annually by the members of the Council. The Chief of DAS serves as secretary to CAC, and DAS provides staff services. CAC holds open quarterly meetings to address issues affecting apprenticeship in California and to fulfill its statutory requirement to provide policy advice on apprenticeship matters to the Administrator of Apprenticeship and the Director of DIR. It also issues rules and regulations, as necessary, to carry out the intent of the law and ensures that selection procedures are impartially administered. The Council conducts appeal hearings on matters of apprenticeship agreement disputes, new apprenticeship standards approval, and apprenticeship program administration.

The Division of Apprenticeship Standards (DAS)

DAS operates within DIR and administers California’s apprenticeship law, the Shelley‐ Maloney Apprentice Labor Standards Act of 1939, as well as CAC’s regulations. As an integral part of the California workforce development system, the primary responsibilities of DAS are the promotion and development of apprenticeship training programs, the improvement of working conditions for apprentices, and the advancement of subsequent employment opportunities for apprentices. DAS accomplishes these objectives by providing consultative services to apprenticeship program sponsors, employers, employee organizations, and education providers. Additionally, DAS has oversight responsibilities for proper program management of apprenticeship programs, ensuring that high training standards are maintained for all apprentices. DAS monitors apprentice wages, hours, working conditions, learning of skills, length of training, and required supplemental classroom instruction resulting in a healthy rate of program graduations for all apprentices, including women and people of ethnic minorities. Upon recommendation of the apprentice’s program sponsor, DAS certifies the completion of apprenticeship programs approved by CAC. For the year 2013, DAS issued 7,122 certificates of completion to graduating apprentices.

ARGUMENTS IN SUPPORT:

According to the author, this bill improves apprenticeship programs by increasing dialogue and communication between the Legislature and DIR. This bill will require the DIR to include in the annual report to the Legislature proposed or adopted changes to apprenticeship standards.

Supporters state that, because of the sizeable state investment in apprenticeship programs, it is critical for the Legislature and stakeholders to have as much data and feedback as possible about how the apprenticeship program is working. This will help ensure that we know our investment is paying off and apprenticeship programs are helping apprentices matriculate through the system.

REGISTERED SUPPORT / OPPOSITION:

Support

IUPAT District Council 16

IUPAT District Council 36

State Building and Construction Trades Council

International Union of Painters and Allied Trades

Opposition

None on file.

Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091