(1)The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes administrative procedures for the review and certification of the EIR for a project and judicial review procedures for any action or proceeding brought to challenge the lead agencys decision to certify the EIR or to grant project approvals.

This bill would establish specified administrative and judicial review procedures for the administrative and judicial review of the EIR and approvals granted for a project related to the development of a specified sports and entertainment project in the City of Inglewood. Because the lead agency would be required to use these alternative procedures for administrative review of the EIR if the project applicant so chooses, this bill would impose a state-mandated local program. The bill would exempt from the requirements of CEQA a guideway project intended for development with the specified sports and entertainment project. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program. The bill would specify that certain impacts shall not be considered as having significant environmental impacts if certain conditions are met.

(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Inglewood.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes administrative procedures for the review and certification of the EIR for a project and judicial review procedures for any action or proceeding brought to challenge the lead agencys decision to certify the EIR or to grant project approvals.

This bill would establish specified administrative and judicial review procedures for the administrative and judicial review of the EIR and approvals granted for a project related to the development of a specified sports and entertainment project in the City of Inglewood. Because the lead agency would be required to use these alternative procedures for administrative review of the EIR if the project applicant so chooses, this bill would impose a state-mandated local program. The bill would exempt from the requirements of CEQA a guideway project intended for development with the specified sports and entertainment project. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program. The bill would specify that certain impacts shall not be considered as having significant environmental impacts if certain conditions are met.

(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles and the City of Inglewood.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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.

Date of Hearing: September 8, 2017

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Cristina Garcia, Chair

SBPCA Bill Id:SB 789

Author:(Bradford) – As Amended Ver:September 1, 2017

SENATE VOTE: 38-0 (not relevant)

SUBJECT: California Environmental Quality Act: Olympic games: sports and entertainment project: eminent domain

SUMMARY: Exempts from the California Environmental Quality Act (CEQA) transportation projects related to the 2028 Los Angeles Olympic Games, as well as a fixed guideway transportation project within the Inglewood Sports and Entertainment Project (ISEP). Limits CEQA review and expedites judicial review of a basketball arena and other related projects within the ISEP. Authorizes the City of Inglewood to commence an eminent domain action against properties within the ISEP prior to completing CEQA review.

Specifically, this bill:

1. Exempts from CEQA activities or approvals for the construction of transportation facilities or activities necessary to enhance the accessibility of the 2028 Los Angeles Olympic Games.
2. Exempts from CEQA the "guideway project," defined as a new fixed guideway transportation system intended to reduce auto traffic and facilitate access to a regional light rail system for the Forum, a National Football League stadium, and other development within the ISEP.
3. Establishes special administrative and judicial review procedures under CEQA for a proposed project in the City of Inglewood, including a basketball arena, associated office and retail development, any other land uses within the boundaries of the ISEP, ancillary parking, and related infrastructure construction or relocation.
4. Defines the "Inglewood Sports and Entertainment project area" as an approximately one square mile area in Inglewood consisting of 298 acres within the Hollywood Park Specific Plan and 59 acres south of the Hollywood Park parcel.
5. Authorizes the City of Inglewood to prosecute an eminent domain action as to any property within the ISEP area prior to completing CEQA review. Excludes "lawfully occupied residential housing uses" from the application of the eminent domain provision.
6. Establishes special procedures applicable to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report (EIR) for the project or the granting of any project approvals, including requiring Judicial Council to adopt a rule of court, by July 1, 2018, requiring lawsuits and any appeals to be resolved, to the extent feasible, within 270 days of certification of the record of proceedings (which must occur within 5 days of the lead agency filing the notice of determination on the project).
   
7. Establishes special procedures for public participation in CEQA review of the project:
   1. Requires the project EIR to include a specified notice that the EIR is subject to the provisions of the section added by this bill.
      
   2. Requires the lead agency to conduct an informational workshop within 10 days of release of the Draft EIR and hold a public hearing within 10 days before close of the public comment period.
      
   3. Permits the lead agency to ignore written comments submitted after the close of the public comment period, with specified exceptions for materials addressing new information released after the close of the public comment period.
      
8. Requires the lead agency to provide all EIR documents and comments in an electronic format (with the exception of certain copyright-protected documents), certify the record within 5 days of filing the notice of determination, provide the record to a party upon written request, and provide the record to the superior court within 10 days of the filing of a petition for review.
9. Provides that the lead agency, in preparing an EIR for the project, is not required to consider alternative locations, densities and building intensities or growth-inducing impacts.
10. Provides that the following project impacts shall not be considered significant impacts (and therefore do not require mitigation):
    1. Aesthetic and parking impacts.
    2. Greenhouse gas (GHG) emission impacts, if the following conditions are met:
       1. The GHG impact analysis in the project's EIR is consistent with the Southern California Association of Governments' 2016 Regional Transportation Plan/Sustainable Communities Strategy and the Air Resources Board's scoping plan;
       2. The GHG impact analysis includes a comparison of projected GHG emissions against a baseline for longer term emission through 2050; and
       3. The project complies with all legal mandates related to GHG emissions.
    3. Transportation and circulation impacts, if the analysis of these impacts includes an analysis of vehicle miles traveled (VMT) that is consistent with specified CEQA guidelines.
11. Requires the lead agency, as a condition of approval of the project, to require the applicant to implement measures required by CEQA that are specific to the operation of the arena by the end of the first National Basketball Association (NBA) season during which an NBA team has played at the arena.
12. Requires the lead agency to place highest priority on feasible measures that will reduce GHG emissions in the ISEP area and in the neighboring communities of the arena.
13. Requires the lead agency to consider, and implement if feasible and necessary, the following mitigation measures:
    1. Temporarily expanding the capacity of a public transit line, as appropriate, to serve arena events.
    2. Providing private charter buses or other similar services, as needed, to serve arena events.
       
    3. Paying its fair share of the cost of measures that expand the capacity of public transit, if appropriate, that is used by spectators attending arena events.
14. Provides that offset credits shall be employed only after feasible local emission reduction measures have been implemented, and requires that the applicant place the highest priority on the purchase of offset credits that produce emission reductions within the city or the boundaries of the South Coast Air Quality Management District.
15. Prohibits, generally, a court, in granting relief, from staying or enjoining the construction or operation of the project and provides that a court may only enjoin those specific activities associated with the project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.
    
16. Establishes related findings.

EXISTING LAW:

1. CEQA requires lead agencies with the principal responsibility for carrying out or approving a proposed project to prepare a negative declaration, mitigated negative declaration, or EIR for this action, unless the project is exempt from CEQA (CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA guidelines).
   
2. Authorizes judicial review of CEQA actions taken by public agencies, following the agency's decision to carry out or approve the project. Challenges alleging improper determination that a project may have a significant effect on the environment, or alleging an EIR doesn't comply with CEQA, must be filed in the Superior Court within 30 days of filing of the notice of approval. The courts are required to give CEQA actions preference over all other civil actions.
3. Upon finding a public agency's actions are not in compliance with CEQA, requires a court to order one or more of the following:
   1. A mandate that the determination, finding, or decision be voided by the public agency, in whole or in part.
   2. If the court finds that a specific project activity or activities will prejudice the consideration or implementation of particular mitigation measures or alternatives to the project, a mandate that the public agency and any real parties in interest suspend any or all specific project activity or activities, pursuant to the determination, finding, or decision, that could result in an adverse change or alteration to the physical environment, until the public agency has taken any actions that may be necessary to bring the determination, finding, or decision into compliance with this division.
   3. A mandate that the public agency take specific action as may be necessary to bring the determination, finding, or decision into compliance with CEQA.

Any order shall include only those mandates which are necessary to achieve compliance with CEQA and only those specific project activities in noncompliance with CEQA.

1. Imposes specific limits on injunctive relief under CEQA for three specified projects: Los Angeles football stadium /convention center, Sacramento downtown arena, and Capitol Building annex project.
2. Pursuant to AB 900 (Buchanan), Chapter 354, Statutes of 2011, establishes procedures for expedited judicial review (i.e., requiring the courts to resolve lawsuits within 270 days) for "environmental leadership" projects certified by the Governor and meeting specified conditions, including Leadership in Energy and Environmental Design (LEED) Silver certified infill site projects, clean renewable energy projects, and clean energy manufacturing projects.
   
3. Provides that private property may be taken or damaged for a public use only when just compensation, as ascertained by a jury, is paid to the owner. (Cal. Const. Article I, Section 19.)
4. Provides that the power of eminent domain may be exercised to acquire property only for a public use, and establishes preconditions and procedures by which a public entity may exercise this power, including a requirement that the public entity adopt a resolution of necessity, as prescribed.

FISCAL EFFECT: Unknown

COMMENTS:

1. Background. CEQA provides a process for evaluating the environmental effects of applicable projects undertaken or approved by public agencies. If a project is not exempt from CEQA, an initial study is prepared to determine whether the project may have a significant effect on the environment. If the initial study shows that there would not be a significant effect on the environment, the lead agency must prepare a negative declaration. If the initial study shows that the project may have a significant effect on the environment, the lead agency must prepare an EIR.

Generally, an EIR must accurately describe the proposed project, identify and analyze each significant environmental impact expected to result from the proposed project, identify mitigation measures to reduce those impacts to the extent feasible, and evaluate a range of reasonable alternatives to the proposed project. If mitigation measures are required or incorporated into a project, the agency must adopt a reporting or monitoring program to ensure compliance with those measures.

1. CEQA judicial review. CEQA is enforced through judicial review. CEQA actions taken by public agencies can be challenged in superior court once the agency approves or determines to carry out the project. CEQA appeals are subject to unusually short statutes of limitations. Under current law, court challenges of CEQA decisions generally must be filed within 30 to 35 days, depending on the type of decision. The courts are required to give CEQA actions preference over all other civil actions. The petitioner must request a hearing within 90 days of filing the petition and, generally, briefing must be completed within 90 days of the request for hearing. There is no deadline specified for the court to render a decision.

In 2011, AB 900 and SB 292 (Padilla), Chapter 353, Statutes of 2011, established expedited CEQA judicial review procedures for a limited number of projects. For AB 900, it was large-scale projects meeting extraordinary environmental standards and providing significant jobs and investment. For SB 292, it was a proposed downtown Los Angeles football stadium and convention center project achieving specified traffic and air quality mitigations. For these eligible projects, the bills provided for original jurisdiction by the Court of Appeal and a compressed schedule requiring the court to render a decision on any lawsuit within 175 days. This promised to reduce the existing judicial review timeline by 100 days or more, while creating new burdens for the courts and litigants to meet the compressed schedule. AB 900's provision granting original jurisdiction to the Court of Appeal was invalidated in 2013 by a decision in Alameda Superior Court in Planning and Conservation League v. State of California. AB 900 was subsequently revised to restore jurisdiction to superior courts and require resolution of lawsuits within 270 days.

1. Basketball court. Only two projects have used the judicial review procedures enacted since 2011: the Sacramento Kings arena project under SB 743 (Steinberg), Chapter 386, Statutes of 2013, and the Golden State Warriors arena project in San Francisco under AB 900. CEQA lawsuits were filed against both projects, and the lawsuits, including appeals, were resolved, in favor of the applicants, within the 270-day deadline.

It should be noted that SB 743 required the Kings arena to be certified LEED Gold, as well as minimize traffic and air quality impacts through project design or mitigation measures, including reducing to at least zero the net GHG emissions from private automobile trips to the arena, achieve reductions in GHG emissions from automobiles and light trucks that will exceed the GHG emission reduction targets for 2020 and 2035 adopted for the Sacramento region pursuant to SB 375 (Steinberg), Chapter 728, Statutes of 2008, and achieve a 15% reduction in VMT per attendee.

Under AB 900, the Warriors arena was required to be certified LEED Silver, achieve a 10% improvement in transportation efficiency over comparable projects, and achieve zero net GHG emissions.

1. Differences between SB 743 and SB 789. This bill would establish special CEQA procedures modeled on SB 743 for the proposed Inglewood arena project. However, this bill differs from SB 743 in several significant respects:
   1. This bill does not require the arena to be certified LEED Gold.
   2. This bill does not require the arena project to achieve zero net GHG emissions from private vehicle trips.
   3. This bill does not require reductions in VMT for arena events.
   4. This bill does not require the lead agency and applicant to participate in non-binding mediation with any commenter requesting mediation.
   5. This bill's eminent domain provision applies to a one square mile area, including 59 acres outside Hollywood Park, whereas SB 743's eminent domain provision applied to two specified properties, totaling approximately three acres.
   6. This bill effectively eliminates review and mitigation of the following impacts associated with the project (including arena, associated office and retail development, any other land uses within the boundaries of the ISEP, ancillary parking, and related infrastructure construction or relocation):
      1. Alternative locations, densities, and building intensities;
      2. Growth inducing impacts;
      3. Aesthetics;
      4. Parking;
      5. GHG emissions; and
      6. Transportation and circulation.
   7. This bill's limitations on injunctive relief apply to the entire project (including arena, associated office and retail development, any other land uses within the boundaries of the ISEP, ancillary parking, and related infrastructure construction or relocation), whereas SB 743's limited injunctive relief applied only to the arena.
   8. This bill provides separate, complete exemptions from CEQA for a new fixed guideway transportation system within the ISEP and for other transportation facilities or activities necessary to enhance the accessibility of the 2028 Los Angeles Olympic Games.
2. Scope and purpose of eminent domain provision are unclear. This bill includes a provision authorizing the City of Inglewood to prosecute an eminent domain action as to any property (except "lawfully occupied residential housing uses") within the ISEP area prior to completing CEQA review.

The ISEP area is defined in the bill as "an approximately one square mile area" consisting of approximately 298 acres within the Hollywood Park Specific Plan boundaries and another approximately 59 acres to the south of Hollywood Park, across West Century Boulevard. It is not clear what accounts for the difference between the one square mile (which is 640 acres) and the 357 acres specifically identified in the bill.

It is also not clear why the provision is necessary. The Eminent Domain Law does not require completion of CEQA review before an eminent domain proceeding may be commenced and prosecuted. However, it does seem prudent for a city to wait until final approval of a public project to avoid the risk of wasting time and money acquiring property through eminent domain, only to have the project fall through.

REGISTERED SUPPORT / OPPOSITION:

Support

California Legislative Black Caucus

California State Association of Electrical Workers

California State Pipe Trades Council

City of Inglewood

Inglewood Police Management Association

Inglewood Police Officers Association

Painters and Allied Trades District Council 36

Western States Council of Sheet Metal Workers

Three Individuals

Opposition

Audubon California

California Coastal Protection Network

California League of Conservation Voters

California Native Plant Society

Center for Biological Diversity

Clean Water Action

Coalition for Clean Air

Earthjustice

East Yard Communities for Environmental Justice

Friends of the Earth US

Judicial Council of California

MSG Forum, LLC

Natural Resources Defense Council

Planning and Conservation League

Rodeway Inn & Suites

Safe Routes to School National Partnership

Sierra Club California

Southern California Watershed Alliance

TransForm

Trust for Public Land

Uplift Inglewood Coalition

Analysis Prepared by: Lawrence Lingbloom / NAT. RES. /

SENATE THIRD READING

STR Bill Id:SB 789

Author:(Newman and Atkins)

As Introduced Ver:February 17, 2017

Majority vote

SENATE VOTE: 38-0

SUMMARY: Requires the Chief of the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year, in their annual report.

EXISTING LAW:

1. Establishes the California Apprenticeship Council within the (DAS), and requires the council to aid in formulating policies with respect to apprentice regulation.
2. Requires the Chief of the DAS and the California Apprenticeship Council to report annually through the Director of Industrial Relations (DIR) to the Legislature and the public on the activities of the division and the council, and further requires that the report include certain specified information with respect to apprenticeship programs in this state, but does not limit what information can be contained in the report.

FISCAL EFFECT: According to the Assembly Appropriations Committee, negligible state costs.

COMMENTS: The author argues, "Apprenticeships are efficient and cost-effective programs that allow aspirants in skilled trades to earn income while they learn and develop the needed skills for their desired career path. These programs are typically collaborations between government, educational institutions, industries and apprentices. The state of California leads the nation in state-registered apprenticeships, with over 560 programs recognized by the DAS and a total of 63,959 registered apprentices across those programs. Through the DIR, the DAS and the California Apprenticeship Council (CAC) annually release a legislative report that summarizes their activities over the course of the year. Currently, that annual report is not required to include information on any standards and regulations adopted in previous years."

Finally, the author states, "inclusion of that information would assist the DIR, as well as the Legislature, in developing, refining and assessing programs which support their larger goals. Moreover, the omission of that information in their annual reporting process makes it less likely that the DIR will be able to fully meet its obligations as a resource and vehicle for policy-making guidance for the Legislature."

Please see policy committee analysis for additional background information.

Arguments in Support

The International Union of Painters and Allied Trades are in support of this measure and write that, "The measure requires timely reporting of proposed or adopted changes to apprenticeship standards regulations, which is an important step to protecting California's hundreds of thousands of employees, their job stability, and their job training organizations. It is vital that their programs and the State agencies are on the same page with rewards to application of our crafts and our craft specific training. If enacted, this bill would require the Chief of the DAS and the CAC to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year in their annual report. This report informs the Director of Industrial Relations of the activities of the division and the council, and provides a public overview of information with respect to apprenticeship programs in this state. Job training organizations cannot adequately prepare their apprentices, and employees cannot adequately do their jobs, without notice of proposed or adopted changes to apprenticeship standards regulations."

The State Building and Construction Trades Council of California argues in support, "SB 789, which will add critical information to the DAS- CAC's annual report to the Legislature to better illustrate the state of apprenticeship in California. California currently has over 500 state-approved apprenticeship programs in many fields, most of which are in the building and construction trades. Ninety percent of the state's building and construction trades apprentices are enrolled in apprenticeship programs that are joint Labor-Management operated programs (contractors and unions). "Unilateral" programs (contractor only/non-union) make up the rest of the programs. The state spends millions of dollars annually on apprenticeship programs, but union Building Trades programs invest over $100 million annually on training the next generation of skilled workers to meet California's infrastructure demands. Because of this sizable investment, it is critical for the Legislature and stakeholders to have as much data and feedback as possible about how the apprenticeship system is working. This will help ensure that we know our investment is paying off and that apprentices are matriculating through their training and eventually reaching journeyperson status."

No known opposition on file.

Analysis Prepared by: Taylor Jackson / L. & E. / (916) 319-2091 FN: 0001475

Date of Hearing: June 28, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 789

Author:(Newman) – As Introduced Ver:February 17, 2017

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

SUMMARY:

This bill requires the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC) to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year into their existing annual report.

FISCAL EFFECT:

Negligible state costs.

COMMENTS:

1. Background and Purpose. Each year CAC releases an annual legislative report that summarizes their activities over the course of the year. This report is intended to inform the policymakers of the activities of DAS and CAS and the background of applicants and participants.

The author notes that this annual report is not required to include information on any standards or regulations that were proposed or adopted in previous year. The author argues that SB 789 will help policymakers in developing, refining, and assessing apprenticeship programs.

1. Recent Legislation. AB 520 (Levine), of the 2015-16 Legislative Session, among other provisions regarding apprenticeship, included a mandate that the Chief of the DAS and the CAC’s annual report include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year. This measure died on the Assembly Floor awaiting a concurrence vote.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: June 7, 2017

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Tony Thurmond, Chair

SBPCA Bill Id:SB 789

Author:(Newman) – As Introduced Ver:February 17, 2017

SENATE VOTE: 38-0

SUBJECT: California Apprenticeship Council: report

SUMMARY: Requires the Chief of the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year, in their annual report.

EXISTING LAW:

1. Establishes the California Apprenticeship Council within the (DAS), and requires the council to aid in formulating policies with respect to apprentice regulation.
2. Requires the Chief of the DAS and the California Apprenticeship Council to report annually through the Director of Industrial Relations (DIR) to the Legislature and the public on the activities of the division and the council, and further requires that the report include certain specified information with respect to apprenticeship programs in this state, but does not limit what information can be contained in the report.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: The author argues, “Apprenticeships are efficient and cost-effective programs that allow aspirants in skilled trades to earn income while they learn and develop the needed skills for their desired career path. These programs are typically collaborations between government, educational institutions, industries and apprentices. The state of California leads the nation in state-registered apprenticeships, with over 560 programs recognized by the DAS and a total of 63,959 registered apprentices across those programs. Through the DIR, the DAS and the California Apprenticeship Council (CAC) annually release a legislative report that summarizes their activities over the course of the year. Currently, that annual report is not required to include information on any standards and regulations adopted in previous years."

Finally, the author states, "inclusion of that information would assist the DIR, as well as the Legislature, in developing, refining and assessing programs which support their larger goals. Moreover, the omission of that information in their annual reporting process makes it less likely that the DIR will be able to fully meet its obligations as a resource and vehicle for policy-making guidance for the Legislature.”

Background on the California Apprenticeship Council

The CAC was established by the Shelley-Maloney Apprentice Labor Standards Act of 1939. The CAC holds open meetings to conduct the business of apprenticeship in California and fulfill its statutory responsibilities: providing policy advice on apprenticeship matters to the Director of the DIR, issuing rules and regulations on specific apprenticeship subjects to be published in the California Code of Regulations, and conducting appeals hearings. As the administrator of apprenticeship, DIR's Director investigates and issues determinations regarding apprentice disputes. The CAC hears appeals of these determinations. The CAC annual report informs the Director of DIR, the Legislature, and the public, of the activities of the DAS and the CAC and provides a public overview of information with respect to apprenticeship programs in the State.

The CAC has 17 members, 14 are appointed by the governor for four-year terms: six represent management, six represent labor, and two represent the public. The remaining three are ex officio members representing the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, and DIR's Director. The Chief of the DAS serves as secretary to the CAC, and DAS provides staff services.

Background on the Division of Apprenticeship Standards

California's apprenticeship system represents a partnership among industry, labor, education, and government. The DAS promotes apprenticeship training through the creation of partnerships, consults with program sponsors and monitors programs to ensure high standards for on-the-job (OJT) training and supplemental classroom instruction. Through this effort, the retiring skilled workforce is replenished with new skilled workers to keep California's economic engine running. The DAS creates opportunities for Californians to obtain skills leading to gainful employment and provides employers with a highly skilled and experienced workforce while strengthening California's economy. DAS carries out this mission by administering California apprenticeship law and enforcing apprenticeship standards regarding wages, hours, working conditions and the specific skills required for state certification as a journeyperson in an occupation that is appropriate for apprenticeship.

DAS has two goals: matching the needs of workers in the acquisition of skills that allow them to obtain and keep a well-paying job with those of employers seeking motivated workers with the skills they need for open positions; and strengthening the alliance among industry, labor, education, and government to recruit workers and teach them the skills needed to support industry. Because it is funded and driven by industry’s needs, the apprenticeship system provides a balance between learning by doing and theoretical instruction and developing workers with marketable skills. This system of training is efficient and cost effective because it eliminates expensive recruitment programs for people who are already trained, creates a diversified and flexible pool of employees with desired skills, and reduces costs of high labor turnover. Employees show high morale and company loyalty when an apprenticeship program offers upward mobility through career development and adapts to include training for new skills in demand by industry. From offices around the state, DAS works locally with employers, and their collective bargaining partners where applicable, to develop new apprenticeship programs, determining the length of training and specific skills necessary to perform at the level required in the occupation. They help the new program sponsors locate and make arrangements with local education agencies to provide the classroom instruction that augments OJT training.

Arguments in Support

The International Union of Painters and Allied Trades are in support of this measure and write that, “The measure requires timely reporting of proposed or adopted changes to apprenticeship standards regulations, which is an important step to protecting California’s hundreds of thousands of employees, their job stability, and their job training organizations. It is vital that their programs and the State agencies are on the same page with rewards to application of our crafts and our craft specific training. If enacted, this bill would require the Chief of the DAS and the CAC to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year in their annual report. This report informs the Director of Industrial Relations of the activities of the division and the council, and provides a public overview of information with respect to apprenticeship programs in this state. Job training organizations cannot adequately prepare their apprentices, and employees cannot adequately do their jobs, without notice of proposed or adopted changes to apprenticeship standards regulations.”

The State Building and Construction Trades Council of California argues in support, “SB 789, which will add critical information to the DAS- CAC’s annual report to the Legislature to better illustrate the state of apprenticeship in California. California currently has over 500 state-approved apprenticeship programs in many fields, most of which are in the building and construction trades. Ninety percent of the state’s building and construction trades apprentices are enrolled in apprenticeship programs that are joint Labor-Management operated programs (contractors and unions). “Unilateral” programs (contractor only/non-union) make up the rest of the programs. The state spends millions of dollars annually on apprenticeship programs, but union Building Trades programs invest over $100 million annually on training the next generation of skilled workers to meet California’s infrastructure demands. Because of this sizable investment, it is critical for the Legislature and stakeholders to have as much data and feedback as possible about how the apprenticeship system is working. This will help ensure that we know our investment is paying off and that apprentices are matriculating through their training and eventually reaching journeyperson status.”

Previous Related Legislation

AB 520 (Levine and Atkins) of 2016, among other provisions regarding apprenticeship, included a mandate that the Chief of the DAS and the CAC’s annual report include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year. This measure died on the Assembly Floor awaiting a concurrence vote.

REGISTERED SUPPORT / OPPOSITION:

Support

District Council 16 Painters and Allied Trades

International Union of Painters and Allied Trades

Northern California Allied Trades

State Building and Construction Trades Council of California

Opposition

None on file

Analysis Prepared by: Taylor Jackson / L. & E. / 916-319-2091

 THIRD READING  

Bill No: SB 789

Author:

:

Vote:

SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/5/17

AYES: Bradford, Stone, Atkins, Jackson, Mitchell

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Author

DIGEST: This bill expands on the currently required annual report filed by the Division of Apprenticeship Standards and the California Apprenticeship Council to additionally include any apprenticeship standards and 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 to the Legislature and the public through the Director of the Department of Industrial Relations (DIR) that contains information including, but not limited to, the following:

1. The number of individuals, including numbers of women and minorities, registered in apprenticeship programs for the current year and in each of the previous five years.
2. The number and percentage of apprentices, including the numbers 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 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 revises the annual report provisions to additionally require that the DAS and CAC include in the report any apprenticeship standards or regulations that were proposed or adopted in the previous year.

Background

State‐registered apprenticeship is a unique and important component of California’s workforce development system. Apprenticeship is a system of learning while earning, and "learning by doing." It combines training on the job with related and supplemental instruction at school. Each program operates under apprenticeship training standards agreed to by labor and/or management in accordance with State and Federal laws, under which a person works with a skilled worker and gains on the job skills and "know-how" and in turn becomes an important part of the occupation and industry.

Apprenticeship programs are 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.

The California Apprenticeship Council (CAC)

The CAC was established by the Shelley‐Maloney Apprentice Labor Standards Act of 1939. The CAC holds open quarterly meetings to conduct the business of apprenticeship in California and fulfill its statutory responsibilities including providing policy advice on apprenticeship matters to the director of industrial relations. 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 CAC conducts appeal hearings on matters of apprenticeship agreement disputes, new apprenticeship standards approval, and apprenticeship program administration. The CAC is comprised of 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 the CAC. The Chief of DAS serves as secretary to CAC, and DAS provides staff services.

The Division of Apprenticeship Standards (DAS)

DAS operates within the 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 ethnic minorities. Through these efforts, the retiring skilled workforce is replenished with new skilled workers to keep California’s economic engine running strong.

DAS annually awards completion certificates to the graduates of the 611 currently active apprenticeship programs in more than 500 occupations. According to the DAS, apprentice statistics for the quarter ending on December 31, 2016, there were 74,441 active apprentices of whom 4,997 were new registrations and reinstatements. Of note, of the total number of active apprentices, 4,683 are women (6.3%), 63 percent are represented by minorities and 4,893 are veteran apprentices.

Related/Prior Legislation

AB 520 (Levine, 2016) would have required the Occupational Safety and Health Standards Board to adopt, by June 1, 2017, a standard that requires an employer performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified. As originally introduced, AB 520 was identical to this bill (SB 789) and was later amended to include the corrosion standard requirement. AB 520 died on the Assembly unfinished business file.

SB 792 (Padilla, 2014) would have directed the DIR, in consultation with the Department of Toxic Substances Control, to establish performance standards for corrosion prevention work on public infrastructure projects, including the use of certified personnel for the application of protective coatings and linings on steel and concrete to prevent early deterioration due to corrosion and related environmental contamination. SB 792 was vetoed by Governor Brown, who instead directed the DIR to incorporate industry accepted standards for corrosion prevention training into the appropriate apprenticeship programs. The Governor also directed the department to work with the OSHA 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.: Local:

SUPPORT: (Verified 4/17/17)

District Council 16, International Union of Painters and Allied Trades

International Union of Painters and Allied Trades, AFL-CIO

State Building & Construction Trades Council of California

OPPOSITION: (Verified 4/17/17)

None received

ARGUMENTS IN SUPPORT: According to the author, the DAS and the CAC annual report is not required to include information on any standards and regulations adopted in previous years. The author argues that inclusion of that information would assist the DIR, as well as the Legislature, to promote effective and informed policy-making by providing a complete picture of apprenticeship programs, including the various program successes, outcomes, and unintended consequences each year. Lastly, the author argues that including the new and updated standards in the annual report would also allow various state approved apprenticeship programs the opportunity to incorporate the new standards and train apprentices accordingly.

Prepared by:

4/19/17 14:10:29

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SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senator Steven Bradford, Chair

2017 - 2018 Regular

Bill No: SB 789 Hearing Date: April 5, 2017

Subject: California Apprenticeship Council: report

KEY ISSUE

Should the Legislature revise the requirements of 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:

1. Requires the Division of Apprenticeship Standards (DAS) and the California Apprenticeship Council (CAC) to file an annual report to the Legislature and the public through the Director of Industrial Relations that contains information including, but not limited to, the following:
   1. The number of individuals, including numbers of women and minorities, registered in apprenticeship programs for the current year and in each of the previous five years.
   2. The number and percentage of apprentices, including the numbers 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 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 revises the annual report provisions to additionally require that the DAS and CAC include any apprenticeship standards or regulations that were proposed or adopted in the previous year.

COMMENTS

1. Background on California’s Apprenticeship System:

State‐registered apprenticeship is a unique and important component of California’s workforce development system. Apprenticeship is a system of learning while earning, and "learning by doing." It combines training on the job with related and supplemental instruction at school. Each program operates under apprenticeship training standards agreed to by labor and/or management in accordance with State and Federal laws, under which a person works with a skilled worker and gains on the job skills and "know-how" and in turn becomes an important part of the occupation and industry.

Apprenticeship programs are 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 CAC was established by the Shelley‐ Maloney Apprentice Labor Standards Act of 1939. The council holds open quarterly meetings to conduct the business of apprenticeship in California and fulfill its statutory responsibilities including providing policy advice on apprenticeship matters to the director of industrial relations. 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 CAC is comprised of 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.

The Division of Apprenticeship Standards (DAS)

DAS operates within the Department of Industrial Relations (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 ethnic minorities. Through these efforts, the retiring skilled workforce is replenished with new skilled workers to keep California’s economic engine running strong.

DAS annually awards completion certificates to the graduates of the 611 currently active apprenticeship programs in more than 500 occupations. According to the DAS, apprentice statistics for the quarter ending on December 31, 2016, there were 74,441 active apprentices of whom 4,997 were new registrations and reinstatements. Of note, of the total number of active apprentices, 4,683 are women (6.3%), 63 percent are represented by minorities and 4,893 are veteran apprentices.

2. Need for the bill?

DAS and CAC are required to provide an annual report to the Legislature and the public on specified information including the total number of registered apprentices, among other things (noted above under existing law). The author and proponents believe that this annual report should additionally require the DAS and CAC to report on any standards and regulations adopted in the previous year in order to provide a public overview of information with respect to apprenticeship programs in the state as well as assist the Department of Industrial Relations and the Legislature in developing, refining and assessing programs which support their larger goals. SB 789 will require that the annual report filed by the DAS and the CAC include an analysis of any apprenticeship standards and regulations that were proposed or adopted in the previous year.

3. Proponent Arguments:

According to the author, the DAS and the CAC annual report is not required to include information on any standards and regulations adopted in previous years. The author argues that inclusion of that information would assist the DIR, as well as the Legislature, to promote effective and informed policy-making by providing a complete picture of apprenticeship programs, including the various program successes, outcomes, and unintended consequences each year. Lastly, the author argues that including the new and updated standards in the annual report would also allow various state approved apprenticeship programs the opportunity to incorporate the new standards and train apprentices accordingly.

4. Opponent Arguments:

None received.

5. Prior Legislation:

AB 520 (Levine) of 2016: Died on Assembly unfinished business file.

AB 520 would have required the Occupational Safety and Health Standards Board to adopt, by June 1, 2017, a standard that requires an employer performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified. As originally introduced, AB 520 was identical to this measure (SB 789) and was later amended to include the corrosion standard requirement.

SB 792 (Padilla) of 2014: Would have directed the Department of Industrial Relations, in consultation with the Department of Toxic Substances Control, to establish performance standards for corrosion prevention work on public infrastructure projects, including the use of certified personnel for the application of protective coatings and linings on steel and concrete to prevent early deterioration due to corrosion and related environmental contamination.

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. The Governor also directed the department to work with the OSHA Standards Board to assess the adequacy of safety standards for workers engaged in corrosion prevention work and make necessary changes.  

SUPPORT

District Council 16 Painters and Allied Trades

OPPOSITION

None on file.

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