Bill Text: CA AB3041 | 2023-2024 | Regular Session | Amended

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Bill Title: Civil service: Career Development Apprenticeship Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB3041 Detail]

Download: California-2023-AB3041-Amended.html

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Amended  IN  Assembly  April 04, 2024

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3041

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Introduced by Assembly Member Wendy Carrillo

February 16, 2024

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An act to add and repeal Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code, and to amend Sections 3073, 3075, 3075.1, 3076.3, 3077, 3077.5, 3078, 3078.5, 3079, 3080, 3081, 3082, 3085, and 3091 of, and to add Sections 3075.2, 3075.3, 3076.1, and 3077.1 to, the Labor Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 3041, as amended, Wendy Carrillo. Civil service: Career Development Apprenticeship Program.

Existing law, the State Civil Service Act, creates the Department of Human Resources and grants to the department the powers, duties, and authority necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law requires the State Personnel Board to prescribe rules consistent with a merit-based civil service system to govern classifications, examinations, probationary periods, disciplinary actions, appointments, and other matters related to the board’s authority under the California Constitution.

This bill would require the department, until July 1, 2032, to administer and oversee the Career Development Apprenticeship Program, which would provide an alternative to the traditional civil service examination and appointment process, as specified. The bill would require the department or its designee to conduct competitive examinations in the form of career development apprenticeship evaluations to determine the qualifications and readiness of career development apprentices for permanent state employment. The bill would require apprenticeship appointments to be made on a provisional basis, and would specify candidates serving in an apprenticeship appointment shall not acquire permanent civil service status for the duration of the term of the apprentice evaluation period. The bill would require the department or its designee to develop job-related evaluation standards that are appropriate tests of fitness for the job classification, as specified, and to provide a final evaluation to each apprentice at the end of the evaluation period that contains a determination as to whether the apprentice meets the minimum qualifications and a certification as to whether the apprentice successfully passed the evaluation period and should be transitioned to a permanent civil service appointment. The bill would also require the department, on June 30, 2026, and annually thereafter, to submit to the Legislature and publicly post on its internet website a report for the prior program and fiscal year that summarizes and details substantive qualitative and quantitative outcomes, as specified.

Existing law establishes the Division of Apprenticeship Standards within the Department of Industrial Relations and charges it with various duties related to apprenticeship and preapprenticeship programs. Existing law requires the Chief of the Division of Apprenticeship Standards, or their duly authorized representative, to administer these provisions. Under existing law, the chief is required to issue rules and regulations that establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements.

This bill would require rules and regulations issued pursuant to those provisions to be consistent with the provisions governing the Career Development Apprenticeship Program, as described above, and the rules of the State Personnel Board.

Existing law authorizes an apprenticeship program to be administered by a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer.

This bill would require apprenticeship programs for classifications determined to be eligible for recruitment under the Career Development Apprenticeship Program to be administered by the Department of Human Resources with the advice of a unilateral apprenticeship committee or a joint apprenticeship committee. The bill would further require apprenticeship programs under the Career Development Apprenticeship Program to also be governed by standards for apprenticeship programs set forth in the Labor Code, as specified. In this connection, the bill would authorize the chief to issue rules and regulations that govern apprenticeship programs under the Career Development Apprenticeship Program, including the approval and denial of programs, registration of agreements, and other related matters, as prescribed. Among other provisions, the bill would provide that the function of a joint apprenticeship committee, for programs under the Career Development Apprenticeship Program, is to advise the Department of Human Resources in establishing work processes, conditions, and related duties. The bill would establish procedures for disputes, wage rates, apprenticeship terms, probationary periods, and related matters pursuant to these provisions.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) California prides itself on leading the country in apprenticeship pathway efforts to support Californians in reaching their full career potential.

(b) The state has long encouraged the utilization of apprenticeship as a form of on-the-job training, when that training is in developing skills needed to perform public services.

(c) The state makes a diligent effort to establish apprenticeship programs for apprenticeable occupations.

(d) Apprenticeship programs support the development of knowledge, skills, and abilities through both theoretical and practical experience to position participating state employees for advancement opportunities.

(e) Apprenticeship programs can complement strategies for career development and succession management for state organizations statewide by broadening applicant pools.

(f) The state administration has set a goal to expand California’s apprenticeship system to 500,000 apprentices by 2029.

(g) This act would create a new appointment and tenure type, upholding the competitive nature of the civil service merit system wherein the apprentice would not meet the minimum qualifications requirement of the classification specification during the apprenticeship, serving as the examination, but would meet them upon the successful completion of the examination and prior to the subsequent, automatic civil service appointment.

(h) This act would provide an opportunity for both state employees and employees to apply for an apprenticeship opportunity for state service.

(i) This act would provide an upward mobility opportunity for both state employees and employees and help further the diversity, equity, inclusion, and accessibility goals of the state.

SEC. 2.

 Chapter 2.7 (commencing with Section 19991.20) is added to Part 2.6 of Division 5 of Title 2 of the Government Code, to read:

CHAPTER  2.7. Career Development Apprenticeship Program

19991.20.

 As used in this chapter, the following definitions apply:

(a) “Appointing power” has the same meaning as in Section 18524.

(b) “Board” means the State Personnel Board, as defined in Section 18521.

(c) “California Apprenticeship Council” has the same meaning as in Section 3070 of the Labor Code.

(d) “Career development apprentice” or “apprentice” has the meaning set forth in Section 3077 of the Labor Code and is an applicant who meets standardized, job-related criteria, as defined by department rule, who participates in a competitive selection process for admittance to the program, but does not meet the minimum qualifications in the classification specification for permanent list appointment to the classification.

(e) “Department” means the Department of Human Resources.

(f) “Department of Industrial Relations” has the same meaning as in Section 50 of the Labor Code.

(g) “Division of Apprenticeship Standards” has the same meaning as in Section 3070 of the Labor Code.

(h) “Interagency Advisory Committee on Apprenticeship” has the same meaning as in Section 3071.5 of the Labor Code.

(i) “Joint apprenticeship committee committee” means an apprenticeship committee composed of an equal number of employer and employee representatives that perform the functions set forth in subdivision (a) of Section 3075 of the Labor Code.

(j) “State agency” includes every state office, officer, department, division, bureau, board, and commission.

19991.21.

 (a) The department, consistent with board rules and Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code, shall administer and oversee the Career Development Apprenticeship Program. The program shall provide an alternative to the traditional civil service examination and appointment process to help the state address persistently high vacancy rates in certain designated classifications with training and hiring needs by providing broader access to civil service careers by eliminating barriers to employment. Individuals hired by this process shall be known as career development apprentices.

(b) The department, in consultation with the applicable exclusive employee representatives, shall determine which classifications are eligible for recruitment under the Career Development Apprenticeship Program.

19991.22.

 The department or its designee shall conduct competitive examinations in the form of career development apprenticeship evaluations to determine the qualifications and readiness of career development apprentices for permanent state employment. For purposes of career development apprenticeship evaluations, the examination may consist of an on-the-job performance evaluation, academic evaluation, including the requirement to achieve passing grades, or any other job-related selection techniques deemed appropriate by the department with advice from the joint apprenticeship committee.

19991.23.

 An initial appointment to an eligible classification for the purpose of allowing an applicant to compete in the career development apprenticeship evaluations shall be known as an apprenticeship appointment.

19991.24.

 The department shall refer the names of persons who meet eligibility criteria for participation in the career development apprenticeship evaluations to appointing powers for selection and apprenticeship appointment. Notwithstanding any other law, all candidates meeting referral requirements shall be eligible for initial apprenticeship appointment. To provide for appropriate job placement, the department may prescribe methods for referring names to appointing powers.

19991.25.

 (a) All apprenticeship appointments to positions under this chapter shall be made on a provisional basis to allow candidates to demonstrate their ability to perform the duties of the position and gain knowledge and skills necessary to meet the minimum qualifications of the classification when provided access to relevant hands-on and academic instruction. The term of the apprenticeship appointment shall be known as the apprentice evaluation period.

(b) The department shall determine the duration of the apprentice evaluation period, not to exceed two years, unless an extension is otherwise authorized by board rule.

(c) Termination of the apprenticeship appointment by the employee, appointing authority, or the department at any point during the apprentice evaluation period shall occur in accordance with board rule.

19991.26.

 (a) Candidates serving in an apprenticeship appointment shall not acquire permanent civil service status for the duration of the apprentice evaluation period, but shall receive the same benefits for which other state employees in a temporary appointment are entitled.

(b) During the apprentice evaluation period of the apprenticeship appointment, the career development apprentice shall not claim any portion of the on-the-job experience gained during program participation as state classification experience toward meeting minimum qualifications for permanent or limited-term appointment to the apprenticeship appointment classification or any other civil service classification.

(c) Only upon the satisfactory completion of the apprentice evaluation period of an apprenticeship appointment shall the career development apprentice retroactively accrue the status of an apprenticeship appointment, including experience, earned during the apprentice evaluation period for application toward meeting minimum qualifications for civil service positions.

(d) Time accrued retroactively through the application of subdivision (c) shall not count toward the completion of a probationary period.

19991.27.

 (a) The department or its designee shall develop job-related evaluation standards that are appropriate tests of fitness for the job classification, and shall seek advice from the joint apprenticeship committee regarding those standards. During the apprentice evaluation period, the appointing power shall prepare periodic written evaluations of the candidate’s performance and academic achievements based on the job-related evaluation standards, subject to board rule.

(b) The department or its designee shall provide a final evaluation to each apprentice at the end of the evaluation period. This evaluation shall contain both of the following:

(1) A determination as to whether or not the apprentice meets the minimum qualifications.

(2) A certification as to whether or not the apprentice successfully passed the apprentice evaluation period and should be transitioned to a permanent civil service appointment.

(c) Upon successful completion of the apprentice evaluation period with a passing evaluation, the apprentice shall be deemed to meet the minimum qualifications of the classification and have qualified in the examination, and the appointing power shall automatically transition the apprentice from a provisionary apprenticeship appointment to a permanent appointment, without further examination, for which the employee shall serve a probationary period.

19991.28.

 Applicants for the program and career development apprentices in the career development apprenticeship evaluation period may appeal, in accordance with board rule, any of the following actions:

(a) A refusal to certify eligibility to participate in the program.

(b) A disqualification by an interview panel or by any other selection method used.

(c) A termination of an appointment of a candidate during the apprentice evaluation period for job performance, conduct, or academics.

19991.29.

 (a) On June 30, 2026, and annually thereafter, the department shall submit to the Legislature and publicly post on its internet website, a report for the prior program and fiscal year that summarizes and details substantive qualitative and quantitative outcomes for each of the following:

(1) A summary of experiences by the department, program applicants, appointing powers, and exclusive representatives.

(2) A description of the process to implement this chapter, including, but not limited to, participation by the Division of Apprenticeship Standards, applicable exclusive representatives, and other state agencies.

(3) The date in which the department began conducting competitive examinations and the number of examinations conducted pursuant to Section 19991.22.

(4) The number of names referred to, and identification of, the appointing power of each state agency, consistent with Section 19991.24.

(5) The number of apprenticeship appointments, consistent with subdivision (c) of Section 19991.25, that were terminated, and the reasons for termination.

(6) The total costs of benefits provided to candidates serving in an apprenticeship appointment, consistent with subdivision (a) of Section 19991.26.

(7) Advice provided by the joint apprenticeship committee, including advice accepted and implemented by the department, and advice not accepted and not implemented by the department along with stated reasons why the advice was not accepted and implemented, consistent with Section 19991.22 and subdivision (a) of Section 19991.27.

(8) The number of persons, identified and enumerated for each state agency’s appointing power, who successfully and unsuccessfully completed the career development apprenticeship evaluations consistent with Sections 19991.22, 19991.23, 19991.25, and subdivision (c) of Section 19991.26, including a description of, or stated reasons why, unsuccessful completion of the career development evaluation occurred.

(9) The number of persons, enumerated by each identified state agency’s appointing power, who successfully completed the apprentice evaluation period and were automatically transitioned from a provisionary appointment to a permanent appointment, consistent with subdivision (c) of Section 19991.27.

(10) The number of, nature of, and ultimate decision regarding appeals by applicants for the program and career development apprentices in the career development apprenticeship evaluation period, consistent with Section 19991.28.

(11) A description of proposed operational changes to improve performance and outcomes of the program established by this chapter.

(12) The number of existing positions or positions created, identified by each state agency, that are utilized for purposes consistent with this chapter.

(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.

19991.29.19991.30.

 This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.

SEC. 3.

 Section 3073 of the Labor Code is amended to read:

3073.

 (a) The Chief of the Division of Apprenticeship Standards, or their duly authorized representative, shall administer the provisions of this chapter; act as secretary of the California Apprenticeship Council and the Interagency Advisory Committee on Apprenticeship; shall foster, promote, and develop the welfare of the apprentice and industry, improve the working conditions of apprentices, and advance their opportunities for profitable employment; shall ensure that selection procedures are impartially administered to all applicants for apprenticeship; shall gather and promptly disseminate information through apprenticeship and training information centers; shall maintain on public file in all high schools and field offices of the Employment Development Department the name and location of the local area apprenticeship committees, the filing date, and minimum requirements for application of all registered apprenticeship programs; shall cooperate in the development of apprenticeship programs and may advise with them on problems affecting apprenticeship standards; shall audit all selection and disciplinary proceedings of apprentices or prospective apprentices; may enter joint agreements with the Employment Development Department outreach education and employment programs, and educational institutions on the operation of apprenticeship information centers, including positive efforts to achieve information on equal opportunity and affirmative action programs for women and minorities; and shall supervise and recommend apprenticeship agreements as to these standards and perform such other duties associated therewith as the California Apprenticeship Council may recommend. The chief shall coordinate the exchange, by the California Apprenticeship Council, the Interagency Advisory Committee on Apprenticeship, apprenticeship program sponsors, the Civil Rights Council, community organizations, and other interested persons, of information on available minorities and women who may serve as apprentices.

(b) The chief, in consultation with the Interagency Advisory Committee on Apprenticeship, shall issue rules and regulations that establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements in all industries other than the building and construction trades and firefighter occupations, as well as standards governing preapprenticeship, certification, and other on-the-job training and retraining programs and agreements that are certified pursuant to this chapter. Pending the issuance of new rules and regulations pursuant to this subdivision, the following regulations in Title 8 of the California Code of Regulations shall apply to programs in all industries other than the building and construction trades and firefighting: Sections 200 to 202, inclusive, Sections 205 to 224, inclusive, Sections 235 to 263, inclusive, and Sections 281 to 282, inclusive, with the exception of any filing requirements, appeal rights, or other procedures pertaining to the California Apprenticeship Council. All rules and regulations issued under this subdivision regarding programs related to the Career Development Apprenticeship Program shall be consistent with the rules of the State Personnel Board and Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code.

(c) Any determination or decision made by the California Apprenticeship Council before the operative date of the act adding subdivision (b) to this section shall be deemed a decision or determination of the chief with respect to any program, trade, or standard that does not remain under the jurisdiction of the California Apprenticeship Council.

SEC. 4.

 Section 3075 of the Labor Code is amended to read:

3075.

 (a) An apprenticeship program may be administered by a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer. Programs may be approved by the chief in any trade or classification in the state or in a city or trade area, whenever the apprentice training needs justify the establishment. Where a collective bargaining agreement exists, a program shall be jointly sponsored unless either party to the agreement waives its right to representation in writing. Joint apprenticeship committees shall be composed of an equal number of employer and employee representatives. Apprenticeship programs for classifications determined to be eligible for recruitment under the Career Development Apprenticeship Program pursuant to Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code shall be administered by the Department of Human Resources with the advice of either a unilateral apprenticeship committee or a joint apprenticeship committee.

(b) For purposes of subdivision (a), the apprentice training needs in the building and construction trades and firefighter programs shall be deemed to justify the approval of a new apprenticeship program only if any of the following conditions are met:

(1) There is no existing apprenticeship program approved under this chapter serving the same craft or trade and geographic area.

(2) Existing apprenticeship programs approved under this chapter that serve the same craft or trade and geographic area do not have the capacity, or neglect or refuse, to dispatch sufficient apprentices to qualified employers at a public works site who have requested apprentices and are willing to abide by the applicable apprenticeship standards, as shown by a sustained pattern of unfilled requests.

(3) Existing apprenticeship programs approved under this chapter that serve the same trade and geographic area have been identified by the California Apprenticeship Council as deficient in meeting their obligations under this chapter.

(c) For purposes of subdivision (b), an existing apprenticeship program serves the “same craft or trade” as a proposed apprenticeship program when there would be substantial overlap in the work processes covered by the programs or when graduates of the existing program would be qualified to perform a substantial portion of the work that would be performed by graduates of the new program.

(d) The chief’s decisions regarding applications for new apprenticeship programs in the building and construction trades and firefighters may be appealed by any interested party to the California Apprenticeship Council. For purposes of this section, an application for expansion of an existing program to include an additional occupation shall be considered an application for a “new apprenticeship program.”

(e) The chief’s decisions regarding applications for new apprenticeship programs outside the building and construction trades and firefighters are final and not subject to administrative appeal, except as otherwise provided in this section.

(f) The chief’s decisions regarding applications for new apprenticeship programs shall be posted to the division’s internet website, which shall constitute the only form of notice and service. Appeals to the California Apprenticeship Council under this section must be filed within 30 days after notice of the chief’s decision.

(g) The chief shall not approve a new apprenticeship program that includes a substantial number of work processes covered by a program in the building and construction trades or firefighters, or approve the amendment of apprenticeship standards to include those work processes, unless either of the following applies:

(1) The program is in the building and construction trades or a firefighter program and subject to the rules and regulations of the California Apprenticeship Council.

(2) The California Apprenticeship Council has granted consent to the approval of the program or the amendment to the apprenticeship standards. If no party files an objection with the chief to the approval of the proposed program or amendment alleging overlap of work processes under this subdivision, the chief shall not be required to seek the consent of the California Apprenticeship Council prior to approving the program or amendment.

(h) At least 30 days before approval of a new apprenticeship program, or of an amendment to the apprenticeship standards to include new work processes, the division shall post on its internet website a copy of the proposed apprenticeship standards, which shall constitute the only form of notice and service that an application on the proposed program or amendment is pending. Notwithstanding subdivision (e), the chief’s decision regarding any new apprenticeship program or amendment of the apprenticeship standards to include new work processes may be appealed to the California Apprenticeship Council if notice under this subdivision is not provided.

(i) The division shall create a method on its internet website for members of the public to subscribe to receive email updates when new decisions or proposed apprenticeship standards are posted pursuant to this section.

(j) Only the following programs may dispatch apprentices to projects subject to prevailing wage or skilled and trained workforce requirements:

(1) Programs in the building and construction trades approved before July 1, 2018.

(2) Programs in the building and construction trades approved under the standard in subdivision (b).

SEC. 5.

 Section 3075.1 of the Labor Code is amended to read:

3075.1.

 It is the public policy of this state to encourage the utilization of apprenticeship as a form of on-the-job training, when such training is cost-effective in developing skills needed to perform public services. State and local public agencies shall make a diligent effort to establish apprenticeship programs for apprenticeable occupations in their respective work forces. In furtherance of this policy, public agencies shall take into consideration (a) the extent to which a continuous supply of trained personnel is readily available to public agencies to meet their skill requirements in the various occupations which are determined to be apprenticeable, and (b) the application of established programs in the private sector, where appropriate. Public sector apprenticeship programs should be fully compatible with affirmative action goals for the participation of minorities and women in apprenticeship programs. Apprenticeship programs under the Career Development Apprenticeship Program, established pursuant to Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code, shall be consistent with this chapter.

SEC. 6.

 Section 3075.2 is added to the Labor Code, to read:

3075.2.

 Consistent with subdivision (a) of Section 19991.21 of the Government Code, an apprenticeship program established pursuant to the Career Development Apprenticeship Program shall be governed by the standards in Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code and this chapter, and except as otherwise specified in this article.

SEC. 7.

 Section 3075.3 is added to the Labor Code, to read:

3075.3.

 (a) The chief, in consultation with the Interagency Advisory Committee on Apprenticeship, may issue rules and regulations that govern apprenticeship programs under the Career Development Apprenticeship Program, including the approval and denial of programs, registration of agreements, evaluations, working conditions, and minimum standards.

(b) Pending the issuance of rules and regulations pursuant to this section, the following regulations in Title 8 of the California Code of Regulations shall apply to programs under the Career Development Apprenticeship Program: Sections 200 to 202, inclusive, Sections 205 to 224, inclusive, Sections 235 to 263, inclusive, and Sections 281 to 282, inclusive, with the exception of any filing requirements, appeal rights, or other procedures pertaining to the California Apprenticeship Council.

(c) All rules and regulations issued under this section shall be consistent with Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code and the rules and regulations of the State Personnel Board.

SEC. 8.

 Section 3076.1 is added to the Labor Code, to read:

3076.1.

 (a) For programs under the Career Development Apprenticeship Program, the function of a joint apprenticeship committee shall be to advise the Department of Human Resources in establishing work processes, working conditions, selection procedures, and the number of apprentices that shall be employed in the trade or classification under apprentice agreements.

(b) A joint apprenticeship committee shall approve apprentice agreements.

(c) (1) A joint apprenticeship committee shall aid in the adjustment of apprenticeship disputes in accordance with the program’s standards, which shall contain local adjustment procedures and shall provide an apprentice with the right to exhaust the local adjustment procedures.

(2) Disputes resulting from actions taken pursuant to Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code shall be duly noticed to the involved interested parties. In accordance with State Personnel Board rule, the Department of Human Resources or the appointing authority shall make the final determination in any proceedings pursuant to this section. Any appeals shall be prescribed by State Personnel Board rule and shall be consistent with Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code.

(3) Upon request, the joint apprenticeship committee shall be provided with an opportunity to meet with the Department of Human Resources to discuss any apprenticeship disputes, including any apprentices who are not meeting their obligations under the Career Development Apprenticeship Program.

(d) Wage rates for career development apprentices shall be determined in accordance with Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 the Government Code.

SEC. 9.

 Section 3076.3 of the Labor Code is amended to read:

3076.3.

 (a) Program sponsors shall establish selection procedures which specify minimum requirements for formal education or equivalency, physical examination, if any, subject matter of written tests and oral interviews, and any other criteria pertinent to the selection process; shall specify the relative weights of all factors which determine selection to an apprenticeship program; shall submit in writing to the chief an official statement of each selection procedure including the filing date and location of the program sponsor; shall make a copy of the selection procedures available to each applicant; shall provide in writing to each applicant not selected an official explanation setting forth the reason or reasons for the nonselection, copies of which shall be retained as a public record in the files of the program sponsor for a period of five years; and shall implement affirmative action programs for minorities and women in accordance with the rules, regulations, and guidelines of the California Apprenticeship Council for programs in the building and construction trades and for firefighters or of the Chief of the Division of Apprenticeship Standards for other programs.

(b)  Subdivision (a) shall not apply to programs under the Career Development Apprenticeship Program, as established pursuant to Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code.

SEC. 10.

 Section 3077 of the Labor Code is amended to read:

3077.

 (a) The term “apprentice” as used in this chapter, means a person at least 16 years of age who has entered into a written agreement, in this chapter called an “apprentice agreement,” with an employer or program sponsor. The term of apprenticeship for each apprenticeable occupation shall be approved by the chief in accordance with the standards set forth in Section 3078.5.

(b) The term of apprenticeship for programs in the Career Development Apprenticeship Program shall be determined in accordance with Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code.

SEC. 11.Section 3077.1 is added to the Government Code, to read:

SEC. 11.

 Section 3077.1 is added to the Labor Code, to read:

3077.1.

 For purposes of this article, “Career Development Apprenticeship Program” has the same meaning as that program is established under Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code.

SEC. 12.

 Section 3077.5 of the Labor Code is amended to read:

3077.5.

 A program sponsor or the Department of Human Resources administering an apprenticeship program under this chapter shall not provide a maximum age for apprentices.

SEC. 13.

 Section 3078 of the Labor Code is amended to read:

3078.

 Every apprentice agreement entered into under this chapter shall directly, or by reference, contain:

(a) The names of the contracting parties.

(b) The date of birth of the apprentice.

(c) A statement of the trade, craft, or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end.

(d) A statement showing the number of hours to be spent by the apprentice in work and the learning objectives to be accomplished through related and supplemental instruction, except as otherwise provided under Section 3074. In no case shall the combined weekly hours of work and required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age of the apprentice.

(e) A statement setting forth a schedule of the processes in the trade or industry divisions in which the apprentice is to be taught and the approximate time to be spent at each process.

(f) A statement of the graduated scale of wages to be paid the apprentice and whether the required schooltime shall be compensated.

(g) (1) A statement providing for a period of probation during which time the apprentice agreement may be terminated by the program sponsor at the request in writing of either party, and providing that after the probationary period the apprentice agreement may be terminated by the administrator by mutual agreement of all parties thereto, or canceled by the administrator for good and sufficient reason. The period of probation shall be reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of the apprenticeship, and in no event shall exceed the shorter of 25 percent of the length of the program or one year. This paragraph does not apply to programs under the Career Development Apprenticeship Program, as established pursuant to Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code.

(2) For programs under the Career Development Apprenticeship Program, as established pursuant to Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code, the period of probation shall be the term of the apprenticeship or determined in accordance with applicable law governing, and the rules of, the State Personnel Board. Following this period of apprenticeship probation, and successful completion of the evaluation period, the apprentices shall serve a civil service probationary period pursuant to Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code.

(h) (1) A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally, or which are not covered by collective bargaining agreement, shall be submitted to the administrator for determination as provided for in Section 3081.

(2) For programs under the Career Development Apprenticeship Program, a provision that all controversies or differences concerning the apprentice agreement that cannot be adjusted locally, or that are not covered by collective bargaining agreement, shall be determined under Section 3076.1, Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code, and the rules of the State Personnel Board.

(i) A provision that an employer who is unable to fulfill their obligation under the apprentice agreement may, with approval of the administrator, transfer the contract to any other employer if the apprentice consents and the other employer agrees to assume the obligation of the apprentice agreement.

(j) Such additional terms and conditions as may be prescribed or approved by the California Apprenticeship Council or by the Chief of the Division of Apprenticeship Standards, in consultation with the Interagency Apprenticeship Advisory Committee, not inconsistent with the provisions of this chapter.

(k) A clause providing that there shall be no liability on the part of the other contracting party for an injury sustained by an apprentice engaged in schoolwork at a time when the employment of the apprentice has been temporarily or permanently terminated.

SEC. 14.

 Section 3078.5 of the Labor Code is amended to read:

3078.5.

 (a) The term of apprenticeship may be measured either through the completion of the industry standard for hours of on-the-job learning and related and supplemental instruction, attainment of competency, or a hybrid blend of the time-based and competency-based approaches. However, programs in the building and construction trades and for firefighters shall use the time-based approach.

(1) The time-based approach measures skill acquisition through the individual apprentice’s completion of at least 144 hours of related and supplemental instruction and 2,000 hours of on-the-job learning as described in a work process schedule.

(2) The competency-based approach measures skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach shall require apprentices to complete no less than six months of an on-the-job learning component of registered apprenticeship. The program standards shall address how on-the-job learning will be integrated into the program, describe competencies, meet industry-recognized standards or certifications, and identify an appropriate means of testing and evaluation for such competencies.

(3) The hybrid approach measures the individual apprentice’s skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule. Programs utilizing this approach shall require apprentices to complete no less than six months of an on-the-job learning component of registered apprenticeship.

(4) Term measures shall be set forth in the program standards and shall be subject to approval by the Division of Apprenticeship Standards based on the appropriateness of the measures for the apprenticeable occupations to which they apply.

(b) Programs utilizing the competency-based or hybrid approach and that issue interim credentials must identify each type or stage for issuing an interim credential, demonstrate how the credentials link to the components of the apprenticeable occupation, and establish a process for assessing an apprentice’s demonstration of competency associated with the particular interim credential. Interim credentials may only be issued for recognized components of an apprenticeable occupation and specifically link the credentials to the knowledge, skills, and abilities associated with those components.

(c) This section shall not apply to programs under the Career Development Apprenticeship Program, which shall be governed, instead, by Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code for purposes concerning the subject matter of this section.

SEC. 15.

 Section 3079 of the Labor Code is amended to read:

3079.

 (a) Every apprentice agreement under this chapter shall be approved by the local joint apprenticeship committee or the parties to a collective bargaining agreement, or by the administrator where there is no collective bargaining agreement or joint committee, a copy of which shall be filed with the Division of Apprenticeship Standards. Every apprentice agreement shall be signed by the employer, the employer’s agent, or a program sponsor, as provided in Section 3080, and by the apprentice, and if the apprentice is a minor, by the minor’s parent or guardian. Where a minor enters into an apprentice agreement under this chapter for a period of training extending into their majority, the apprentice agreement shall likewise be binding for such a period as may be covered during the apprentice’s majority.

(b)  For apprenticeship programs under the Career Development Apprenticeship Program, the apprentice agreement may be alternatively signed by the joint apprenticeship committee instead of the employer or a program sponsor.

SEC. 16.

 Section 3080 of the Labor Code is amended to read:

3080.

 (a) (1) For the purpose of providing greater diversity of training or continuity of employment, any apprentice agreement made under this chapter may in the discretion of the California Apprenticeship Council for programs in the building and construction trades and for firefighters or of the Chief of the Division of Apprenticeship Standards for other programs, be signed by an association of employers or an organization of employees instead of by an individual employer. In that case, the apprentice agreement shall expressly provide that the association of employers or organization of employees does not assume the obligation of an employer but agrees to use its best endeavors to procure employment and training for an apprentice with one or more employers who will accept full responsibility, as herein provided, for all the terms and conditions of employment and training set forth in the agreement between the apprentice and employer association or employee organization during the period of the apprentice’s employment. The apprentice agreement shall also expressly provide for the transfer of the apprentice, subject to the approval of the California Apprenticeship Council for programs in the building and construction trades and for firefighters or of the Chief of the Division of Apprenticeship Standards for other programs, to an employer or employers who shall sign a written agreement with the apprentice, and if the apprentice is a minor, with the apprentice’s parent or guardian, as specified in Section 3079, contracting to employ the apprentice for the whole or a definite part of the total period of apprenticeship under the terms and conditions of employment and training set forth in the apprentice agreement.

(2) Notwithstanding paragraph (1), an apprenticeship program under the Career Development Apprenticeship Program shall not solely be signed by an authorized representative of an organization of employees.

(b) All apprenticeship programs with more than one employer or an association of employers shall include provisions sufficient to ensure meaningful representation of the interests of apprentices in the management of the program.

SEC. 17.

 Section 3081 of the Labor Code is amended to read:

3081.

 (a) Upon the complaint of any interested person or upon their own initiative, the administrator may investigate to determine if there has been a violation of the terms of an apprentice agreement, made under this chapter, and they may hold hearings, inquiries, and other proceedings necessary to such investigations and determinations. The parties to such agreement shall be given a fair and impartial hearing, after reasonable notice thereof. All such hearings, investigations, and determinations shall be made under authority of reasonable rules and procedures prescribed by the California Apprenticeship Council for programs in the building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards for other programs.

(b) Subdivision (a) shall not apply to programs under the Career Development Apprenticeship Program, except as provided in subdivision (b) of Section 3073.

SEC. 18.

 Section 3082 of the Labor Code is amended to read:

3082.

 (a) The determination of the administrator shall be in writing and sent by regular mail to the parties’ last known addresses, with proof of service in accordance with Sections 1013a and 2015.5 of the Code of Civil Procedure.

(b) For complaints involving programs in the building and construction trades and for firefighters, the determination shall be filed with the California Apprenticeship Council. Any person aggrieved by the determination or action of the administrator may appeal therefrom to the council, which shall review the entire record and may hold a hearing thereon after due notice to the interested parties. If no appeal is filed with the council within 10 days from the date the parties are given notification of the determination, in accordance with subdivision (a), the determination shall become the final order of the council.

(c) For complaints involving any other program, the determination of the administrator shall be final.

(d) This section shall not apply to programs under the Career Development Apprenticeship Program, except as provided in subdivision (b) of Section 3073.

SEC. 19.

 Section 3085 of the Labor Code is amended to read:

3085.

 No person shall institute any action for the enforcement of any apprentice agreement, or damages for the breach of any apprentice agreement, made under this chapter, unless all administrative remedies provided by this chapter, by rule of the State Personnel Board, or by any other law applicable to apprentices, have first been exhausted.

SEC. 20.

 Section 3091 of the Labor Code is amended to read:

3091.

 (a) Acceptance of an application for entrance into an apprenticeship training program shall not be predicated on the payment of any fee.

(b) (1) Reasonable costs for expense incurred may be charged after an applicant has been accepted into the program.

(2) Paragraph (1) shall not apply to programs under the Career Development Apprenticeship Program.