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AB-1162 Electrical contractors: local permits: use of certified electricians.(2017-2018)

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Date Published: 03/22/2017 04:00 AM
AB1162:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1162


Introduced by Assembly Member Bocanegra

February 17, 2017


An act to amend Section 108 7031.5 of the Labor Business and Professions Code, relating to labor standards enforcement. contractors.


LEGISLATIVE COUNSEL'S DIGEST


AB 1162, as amended, Bocanegra. Labor standards enforcement. Electrical contractors: local permits: use of certified electricians.
The Contractors’ State License Law provides for the licensure and regulation of contractors by the Contractors’ State License Board. That law requires a county or city that requires the issuance of a permit for the construction, alteration, improvement, demolition, or repair of any building or structure to require the applicant for a permit to file a specified statement.
This bill would require a specified licensed electrical contractor to include in this statement an additional statement regarding its licensure.

Existing law creates the Division of Labor Standards Enforcement in the Department of Industrial Relations. Existing law prescribes various duties for the division, including maintaining minimum standards for the competency and training of electricians through a system of testing and certification.

This bill would make a nonsubstantive change in these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7031.5 of the Business and Professions Code is amended to read:

7031.5.
 Each (a) A county or city which that requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition demolition, or repair of any building or structure shall also require that each an applicant for such a permit file as a condition precedent to the issuance of a the permit a statement which that he or she has prepared and signed stating that the applicant is licensed under the provisions of this chapter, giving the number of the license and stating that it is in full force and effect, or, if the applicant is exempt from the provisions of this chapter, the basis for the alleged exemption.
(b) A contractor licensed as a Class C-10 electrical contractor with the Contractors’ State License Board shall include a further statement that he or she is in compliance with, and there are no grounds for disciplinary proceedings under, Section 108.2 of the Labor Code in the statement required pursuant to subdivision (a).

Any

(c) Any violation of this section by any applicant for a permit shall be subject to a civil penalty of not more than five hundred dollars ($500).

SECTION 1.Section 108 of the Labor Code is amended to read:
108.

(a)The Division of Labor Standards Enforcement shall do the following:

(1)Maintain minimum standards for the competency and training of electricians through a system of testing and certification.

(2)Maintain an advisory committee and panels as necessary to carry out the functions under this section. There shall be contractor representation from both joint apprenticeship programs and unilateral nonunion programs in the electrical contracting industry.

(3)Establish and collect fees necessary to implement this section.

(4)Carry out the responsibilities of the Division of Apprenticeship Standards that are specified in Subchapter 4 (commencing with Section 290) of Chapter 2 of Division 1 of Title 8 of the California Code of Regulations. The Labor Commissioner may amend or repeal existing regulations or adopt new regulations as necessary to enforce this section. Pending amendments to conform to this section, any reference within the Subchapter 4 regulations to the Chief of the Division of Apprenticeship Standards is deemed a reference to the Labor Commissioner, and references to prior statutory sections are deemed to refer to current statutory language as follows:

(A)References to former Section 3099 refer to current Section 108.

(B)References to former Section 3099.2 refer to current Section 108.2.

(C)References to former Section 3099.3 refer to current Section 108.3.

(D)References to former Section 3099.4 refer to current Section 108.4.

(E)References to former Section 3099.5 refer to current Section 108.5.

(5)Issue certification cards to electricians who have been certified pursuant to this section. Notwithstanding Section 13340 of the Government Code, fees collected pursuant to paragraph (3) are continuously appropriated in an amount sufficient to pay the costs of issuing certification cards, and that amount may be expended for that purpose by the division.

(6)Maintain an electrical certification curriculum committee comprised of representatives of the State Department of Education, the California Community Colleges, and the division. The electrical certification curriculum committee shall do all of the following:

(A)Establish written educational curriculum standards for enrollees in training programs established pursuant to Section 108.4.

(B)If an educational provider’s curriculum meets the written educational curriculum standards established in accordance with subparagraph (A), designate that curriculum as an approved curriculum of classroom instruction.

(C)At the committee’s discretion, review the approved curriculum of classroom instruction of any designated educational provider. The committee may withdraw its approval of the curriculum if the educational provider does not continue to meet the established written educational curriculum standards.

(D)Require each designated educational provider to submit an annual notice to the committee stating whether the educational provider is continuing to offer the approved curriculum of classroom instruction and whether any material changes have been made to the curriculum since its approval.

(b)There shall be no discrimination for or against any person based on membership or nonmembership in a union.

(c)As used in this section, “electricians” includes all persons who engage in the connection of electrical devices for electrical contractors licensed pursuant to Section 7058 of the Business and Professions Code, specifically, contractors classified as electrical contractors in the Contractors’ State License Board Rules and Regulations. This section does not apply to electrical connections under 100 volt-amperes. This section does not apply to persons performing work to which Section 7042.5 of the Business and Professions Code is applicable, or to electrical work ordinarily and customarily performed by stationary engineers. This section does not apply to electrical work in connection with the installation, operation, or maintenance of temporary or portable electrical equipment performed by technicians in the theatrical, motion picture production, television, hotel, exhibition, or trade show industries.