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SB-419 Californians for All College Service Program.(2021-2022)

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Date Published: 08/24/2021 09:00 PM
SB419:v95#DOCUMENT

Amended  IN  Assembly  August 24, 2021
Amended  IN  Assembly  June 30, 2021
Amended  IN  Senate  April 15, 2021
Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 419

Introduced by Senator Stern

February 12, 2021

An act to add Article 4.6 (commencing with Section 3280) to Chapter 1 of Division 3 of the Public Resources Code, relating to oil and gas. An act to add Article 24 (commencing with Section 70050) to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, and to amend Section 8400 of, to amend the heading of Chapter 5.6 (commencing with Section 8400) of Division 1 of Title 2 of, and to repeal and add Article 2 (commencing with Section 8410) of Chapter 5.6 of Division 1 of Title 2 of, the Government Code, relating to volunteers.


LEGISLATIVE COUNSEL'S DIGEST


SB 419, as amended, Stern. Oil and gas: regulation: skilled and trained workforce. Californians for All College Service Program.
(1) Existing law provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees and tuition, among other fees, be paid by their students. Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending these institutions.
This bill would establish the Californians for All College Service Program, under the administration of the commission, which would award annual grants to eligible students to finance mandatory systemwide tuition and fees not covered by federal, state, or institutionally administered grants or fee waivers commencing with the 2024–25 academic year. The bill would establish the Californians for All College Service Program Fund in the State Treasury and require that all moneys appropriated for the program be deposited into the fund and appropriated by the Legislature to the commission for the program.
(2) Under existing law, by executive order, CaliforniaVolunteers is established in the office of the Governor and is charged with overseeing programs and initiatives for service and volunteerism. Existing law authorizes CaliforniaVolunteers to form a nonprofit public benefit corporation or other entity exempt from income taxation, as provided, to raise revenues and receive grants or other financial support from private or public sources, for purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. Existing federal law, the National and Community Service Trust Act of 1993, also requires the state to create a commission to carry out specified duties relating to national service programs to be eligible for grants or allotments under certain programs, or to receive distributions of approved national service positions. Existing state law continues into existence the Board of Commissioners under CaliforniaVolunteers for purposes of meeting the requirements of the federal act and the act’s implementing rules and regulations. Existing law requires the Governor to appoint 25 voting members to the commission, as specified.
This bill would reestablish CaliforniaVolunteers, renamed the Californians for All College Service Program, as a state agency that is not established in the office of the Governor and would set forth its mission, duties, and responsibilities. The bill would require the director, deputy director, and staff of the Californians for All College Service Program to serve at the pleasure of, and be appointed by, the Governor. The bill would continue in existence a Board of Commissioners under CaliforniaVolunteers, to be named the Californians for All College Service Program Commission, for purposes of meeting the requirements of the federal act and the act’s implementing rules and regulations. The bill would repeal the provision requiring the Governor to appoint 25 voting members to the commission. The bill also would make conforming changes.

Under existing law, the Geologic Energy Management Division in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells and production facilities in the state. Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as provided.

This bill would, except as provided, for work performed by a licensed contractor, require that the owner or operator of a well or production facility, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work, as defined, to be performed at the well or production facility, to require that its contractors and any subcontractors use a skilled and trained workforce, as defined, to perform all onsite work within an apprenticeable occupation, as defined, in the building and construction trades, as defined.

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.

This bill would require the chief to consider specified matter in determining whether to approve a new apprenticeship program for workers performing construction, alteration, demolition, installation, repair, or maintenance work at oil and gas wells or production facilities. The bill would authorize an apprenticeship program approved by the chief to enroll, with advanced standing, applicants with relevant prior work experience performing work at wells or production facilities, in accordance with the approved apprenticeship standards of the program.

Under existing law, a person who fails to comply with requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor.

Because a violation of this bill’s skilled and trained workforce requirements would be a misdemeanor, the bill would impose a state-mandated local program by creating a new crime.

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.

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

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


SECTION 1.

 Article 24 (commencing with Section 70050) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read:
Article  24. Californians for All College Service Program Act

70050.
 This article shall be known, and may be cited, as the Californians for All College Service Program Act.

70051.
 The Californians for All College Service Program Fund is hereby established in the State Treasury. All moneys appropriated for the Californians for All College Service Program shall be deposited into the fund and appropriated by the Legislature to the commission for the program.

70052.
 The Californians for All College Service Program is hereby established under the administration of the commission to make higher education more affordable and encourage students to serve their communities and state as Californians for All College Service Program volunteers.

70053.
 Unless context otherwise requires, for purposes of this article, the following definitions apply:
(a) “Commission” means the Student Aid Commission.
(b) “Fund” means the Californians for All College Service Program Fund established in Section 70051.
(c) “Institution” means a campus of the University of California, the California State University, or the California Community Colleges.
(d) “Program” means the Californians for All College Service Program established in Section 70052.

70054.
 Commencing with the 2024–25 academic year, the commission shall award a grant to an eligible student who submits an application for the grant. The amount of the award shall be the remaining balance of mandatory systemwide tuition and fees to be paid by the student after all other federal, state, or institutionally administered grants or fee waivers received by the student have been used. A participating student shall only be eligible to receive an award under this article for a maximum of four academic years. The commission shall award the grant on a yearly basis.

70055.
 A student shall meet all of the following requirements to be eligible for a grant under this article:
(a) Have completed two years of full-time service as a Californians for All College Service Program corps member in a program established pursuant to Section 8410 of the Government Code.
(b) Enroll in at least 12 academic credits per semester, or the quarterly equivalent.
(c) Enroll in at least 30 academic credits per academic year. Credits earned during a summer term shall count towards satisfying this requirement.
(d) Meet the residency requirements established for the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program under Chapter 1.7 (commencing with Section 69430).

70056.
 The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the program.

70057.
 This act shall not be interpreted to impact or interfere with pilot programs run by the Californians for All College Service Program to provide financial aid to students in exchange for service as a volunteer.

SEC. 2.

 The heading of Chapter 5.6 (commencing with Section 8400) of Division 1 of Title 2 of the Government Code is amended to read:
CHAPTER  5.6. CaliforniaVolunteers Californians for All College Service Program

SEC. 3.

 Section 8400 of the Government Code is amended to read:

8400.
  (a) CaliforniaVolunteers, The Californians for All College Service Program, formerly known as CaliforniaVolunteers, established by Executive Order S-24-06, is authorized to form a nonprofit public benefit corporation or other entity exempt from income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code or Section 23701d of the Revenue and Taxation Code to raise revenues and receive grants or other financial support from private or public sources, for the purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. the Californians for All College Service Program. Grants or financial support received by the nonprofit public benefit corporation or other entity shall be used solely for the governmental purposes approved by CaliforniaVolunteers the Californians for All College Service Program for activities within the scope of authority of CaliforniaVolunteers. the Californians for All College Service Program. No more than 10 percent of the grants and financial support received by the nonprofit public benefit corporation or other entity may be used to pay for the administrative costs of that nonprofit public benefit corporation or other entity. The mission of the nonprofit public benefit corporation or other entity is as follows:

(1)

(a) To support the funding of CaliforniaVolunteers the Californians for All College Service Program programming and administrative costs.

(2)

(b) To support any priorities set forth by the Governor or the CaliforniaVolunteers board of commissioners. Californians for All College Service Program Commission.

(b)The authority granted in subdivision (a) shall expire if the Governor rescinds Executive Order S-24-06 or otherwise rescinds the establishment of CaliforniaVolunteers.

SEC. 4.

 Article 2 (commencing with Section 8410) of Chapter 5.6 of Division 1 of Title 2 of the Government Code is repealed.

SEC. 5.

 Article 2 (commencing with Section 8410) is added to Chapter 5.6 of Division 1 of Title 2 of the Government Code, to read:
Article  2. General Provisions

8410.
 (a) CaliforniaVolunteers, as established by Executive Order S-24-06, is hereby reestablished in state government as a state agency. CaliforniaVolunteers is hereby renamed the Californians for All College Service Program and is not established in the office of the Governor.
(b) The following shall be the Californians for All College Service Program’s mission statement: “Providing the opportunity for every young Californian to serve their community and state, and in exchange supporting the education of those who serve as they seek to achieve their own California Dream.”
(c) The Californians for All College Service Program’s mission shall be to recruit and mobilize people for volunteer service by identifying service opportunities throughout the state and by recognizing people for the contributions they make as volunteers and participants in public service programs. The Californians for All College Service Program’s duties and responsibilities in fulfilling this mission include, but are not limited to, all of the following:
(1) Serving as the state’s lead agency for community service and volunteerism.
(2) Informing the public of the value of and need for greater community service and volunteerism in the state.
(3) Calling upon all Californians to become involved by participating in service and volunteer opportunities.
(4) Challenging public and private institutions to create and support community service and volunteer opportunities.
(5) Partnering with other public agencies at the state, county, and local levels, and with the private and not-for-profit sectors to leverage greater resources and to create more service and volunteer opportunities.
(6) Identifying urgent crises, including, but not limited to, climate change, disaster preparedness and response, education equity, homelessness, addiction and substance abuse, and inequity and its consequences for marginalized groups, and providing opportunities for state volunteer corps to address these crises.
(7) Providing opportunities for part-time volunteers.
(8) Providing training and a curriculum plan for full-time two-year service corps members.
(9) Providing coordination, alignment, and support for existing service and outreach efforts underway across state agencies.
(10) Providing a clearinghouse for volunteer and donation efforts, including efforts of the nonprofit public benefit corporation established pursuant to Section 8400.
(11) Developing a Californians for All College Service Program Master Plan to fulfill its duties and responsibilities described in paragraphs (1) to (10), inclusive.
(d) The Californians for All College Service Program shall carry out the duties and responsibilities described in subdivision (c) and Section 8400, except as provided otherwise in statute.

8411.
 For purposes of this chapter, all of the following definitions apply:
(a) “Act” means the National and Community Service Trust Act of 1993, codified in Section 12501 et seq. of Title 42 of the United States Code.
(b) “Commission” means the Californians for All College Service Program Commission, as named in Section 8413, which is the State Commission on National and Community Service for purposes of the requirements of Section 12638 of Title 42 of the United States Code.
(c) “Director” means the Executive Director of the Californians for All College Service Program described in Section 8412.
(d) “Deputy director” means the Deputy Director of the Californians for All College Service Program described in Section 8412.

8412.
 (a) There are continued in existence the positions of Executive Director of CaliforniaVolunteers, hereby renamed Executive Director of the Californians for All College Service Program, and Deputy Director of CaliforniaVolunteers, hereby renamed Deputy Director of the Californians for All College Service Program.
(b) The director, deputy director, and other staff of the Californians for All College Service Program shall be appointed by, and serve at the pleasure of, the Governor.

8413.
 (a) There is continued into existence a Board of Commissioners under CaliforniaVolunteers, hereby named the Californians for All College Service Program Commission.
(b) For purposes of fulfilling the requirements of the act, the commission shall do all of the following:
(1) Take all actions necessary to meet the requirements of the act and its implementing rules and regulations.
(2) Be responsible for the duties described in subdivision (e) of Section 12638 of Title 42 of the United States Code.
(3) Be appointed by the Governor and function pursuant to the requirements in Section 12638 of Title 42 of the United States Code.
(c) The commission may also do any of the following for purposes of supporting the Californians for All College Service Program:
(1) Advise and participate in the work of the Californians for All College Service Program, including, but not limited to, policy, communication and program decisionmaking, and special initiatives, by attending meetings and participating on committees, working groups, and task forces.
(2) Conduct outreach to specific constituencies, including, but not limited to, government, nonprofit, business, and labor, to seek these constituencies’ participation in and support of the Californians for All College Service Program activities and programs.
(3) Coordinate with other state agencies and volunteer service programs to ensure a comprehensive and integrated service system within the state.
(4) Promote community service throughout the state by representing the Californians for All College Service Program at service-related events and venues.
(5) Support programs funded by the Californians for All College Service Program by participating in site visits and speaking at launch or graduation activities.

SECTION 1.

The Legislature finds and declares all of the following:

(a)The use of a skilled and trained workforce to perform construction and maintenance work at oil and gas wells and production facilities is necessary to avoid risks to public health and safety and to the environment, and those risks are particularly high when workers are employed by outside contractors because they generally will be less familiar with the operations of the facility and its emergency plans and the owner or operator of the facility will have less incentive to invest in their training.

(b)Requiring that workers employed by outside contractors at these facilities to perform work within an apprenticeable occupation in the building and construction trades be paid at least at a rate equivalent to the prevailing journeyperson wage for the occupation, or be registered in an approved apprenticeship program, is necessary to provide an economic incentive for employers to use only the most skilled workers to perform work that poses a risk to public health and safety and to the environment.

(c)Requiring that apprentices be registered in programs approved by the Chief of the Division of Apprenticeship Standards within the Department of Industrial Relations is necessary to ensure that these workers are receiving the proper training and on-the-job supervision and that the programs are subject to proper oversight.

(d)The requirement that at least 60 percent of the journeypersons working for a contractor be graduates of an approved apprenticeship program is necessary to ensure that the majority of the journeypersons will have had appropriate classroom and laboratory instruction for their occupations. A phase-in for this requirement will avoid disruption of the industry.

SEC. 2.Article 4.6 (commencing with Section 3280) is added to Chapter 1 of Division 3 of the Public Resources Code, to read:
4.6.Skilled and Trained Workforce Requirements
3280.

As used in this article, the following terms have the following meanings:

(a)“Apprenticeable occupation” means an occupation for which the chief has approved an apprenticeship program pursuant to Section 3075 of the Labor Code.

(b)“Building and construction trades” has the same meaning as used in Section 3075.5 of the Labor Code.

(c)“Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations.

(d)“Construction,” “alteration,” “demolition,” “installation,” “repair,” and “maintenance” have the same meanings as used in Sections 1720 and 1771 of the Labor Code.

(e)“Graduate of an apprenticeship program” means either of the following:

(1)An individual that has been issued a certificate of completion under the authority of the California Apprenticeship Council or the chief for completing an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code.

(2)An individual that has completed an apprenticeship program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor.

(f)“Licensed contractor” means a contractor licensed by the Contractors State License Board.

(g)“Onsite work” shall not include work that was not within the scope of a prevailing wage determination issued by the Director of Industrial Relations as of January 1, 2021.

(h)“Prevailing hourly wage rate” means the general prevailing rate of per diem wages, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, but does not include shift differentials, travel, and subsistence, or holiday pay. Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker.

(i)“Registered apprentice” means an apprentice registered in an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code who is performing work covered by the standards of that apprenticeship program and receiving the supervision required by the standards of that apprenticeship program.

(j)“Skilled journeyperson” means a worker who meets both of the following criteria:

(1)The worker either graduated from an apprenticeship program for the applicable occupation that was approved by the chief, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief.

(2)The worker is being paid at least a rate equivalent to the prevailing hourly wage rate for a journeyperson in the applicable occupation and geographic area.

(k)“Skilled and trained workforce” means a workforce that meets both of the following criteria:

(1)All the workers are either registered apprentices or skilled journeypersons.

(2)(A)As of January 1, 2024, at least 30 percent of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation.

(B)As of January 1, 2025, at least 45 percent of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation.

(C)As of January 1, 2026, at least 60 percent of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation.

3281.

(a)(1)This section shall apply to contracts awarded, extended, or renewed on or after January 1, 2024.

(2)This section shall apply only to work performed by a licensed contractor.

(3)This section shall not apply to well drilling, well testing, or well repair activities, or to other downhole-related activities, including, but not limited to, pumping unit installation, hookup, commissioning and startup, and the plugging of wells at active oil fields.

(b)(1)The owner or operator of a well or production facility, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work, including the surface plugging of wells pursuant to the orphan well program in an inactive field and the retirement of wells on active fields, but excluding subsurface plugging of wells at active oil fields, to be performed at the well or production facility, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades.

(2)This section is satisfied if all contractors and subcontractors are required to become bound to a multicraft project labor agreement that expressly requires each contractor and subcontractor performing the work to use a skilled and trained workforce within the meaning of Section 3280. For purposes of this paragraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

(3)For purposes of paragraph (2) of subdivision (b) of Section 3075 of the Labor Code, work subject to the requirements of this section shall be considered in determining whether existing apprenticeship programs do not have the capacity, or have neglected or refused, to dispatch sufficient apprentices to qualified employers who are willing to abide by the applicable apprenticeship standards.

(4)(A)This section does not apply to the employees of the owner or operator of the well or production facility or prevent the owner or operator from using its own employees to perform any work that has not been assigned to contractors while the employees of the contractor are present and working.

(B)An apprenticeship program approved by the chief may enroll, with advanced standing, applicants with relevant prior work experience performing work at wells or production facilities subject to this section, in accordance with the approved apprenticeship standards of the program.

(5)The criteria of paragraph (1) of subdivision (j) of, and paragraph (2) of subdivision (k) of, Section 3280 shall not apply to either of the following:

(A)To the extent that the contractor has requested qualified workers from the local hiring halls that dispatch workers in the apprenticeable occupation and, due to workforce shortages, the contractor is unable to obtain sufficient qualified workers within 48 hours of the request, Saturdays, Sundays, and holidays excepted. This section does not prevent contractors from obtaining workers from any source.

(B)To the extent that compliance is impracticable because an emergency requires immediate action to prevent harm to public health or safety or to the environment, but the criteria apply as soon as the emergency is over or as soon as it becomes practicable for contractors to obtain a qualified workforce.

(6)The requirement of paragraph (1) for a skilled and trained workforce applies to each individual contractor’s and subcontractor’s onsite workforce.

(7)This section does not make the construction, alteration, demolition, installation, repair, or maintenance work at a well or production facility that is subject to this section a public work, within the meaning of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(8)This section does not preclude the use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.