An Act to Promote a Diverse, More Experienced Construction Workforce and Ensure High-quality Careers by Increasing Registered Apprenticeship Programs

Be it enacted by the People of the State of Maine as follows:

Sec. 1.  26 MRSA §3201, sub-§23-A is enacted to read:

23-A.  Total package value.  “Total package value” means the hourly sum of the following:

1. A. Wages;
2. B. The dollar value of employer-paid health insurance; and
3. C. The dollar value of employer-paid retirement contribution benefits, except those retirement contribution benefits that require the employee to match the employer-paid contributions for the employee to access the retirement fund offered by the employer.

Sec. 2.  26 MRSA §3203, sub-§1, ¶B, as enacted by PL 2011, c. 491, §13, is amended to read:

1. B. A description of how successful apprenticeship will be measured, which for an individual apprentice may be a time-based approach, a competency-based approach or a hybrid approach. An apprenticeship program must require a minimum of 2,000 hours of on-the-job learning, except that 3,000 hours of on-the-job training is required in the construction industry.

(1)  The time-based approach measures skill acquisition through the individual apprentice’s completion of 2,000 to 10,000 hours of on-the-job learning as described in a work process schedule or, in the construction industry, 3,000 to 10,000 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 demonstrated by an appropriate written and hands-on proficiency measurement.  An apprenticeship program using the competency-based approach must still require apprentices to complete an on-the-job learning component of registered apprenticeship.  The apprenticeship program’s standards must address how on-the-job learning will be integrated into the apprenticeship program, describe competencies 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 a specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.

The determination of the appropriate approach for the apprenticeship program’s standards is made by the sponsor, subject to approval by the Maine Apprenticeship Program of the determination as appropriate to the apprenticeable occupation for which the apprenticeship program is registered;

Sec. 3.  26 MRSA §3203, sub-§1, ¶D, as enacted by PL 2011, c. 491, §13, is amended to read:

1. D. Provision for at least 144 hours of related instruction for each year of apprenticeship, except that at least 300 hours of related instruction is required in the construction industry. An apprenticeship instructor must:

(1)  Meet the Department of Education’s requirements for a career and technical education instructor or be a subject matter expert, such as a journeyman, who is recognized within an industry as having expertise in a specific occupation; and

(2)  Have training in teaching techniques and adult learning styles.  This training may occur before or after the apprenticeship instructor has started to provide the related instruction;

Sec. 4.  26 MRSA §3206, sub-§4 is enacted to read:

4. 4. Construction industry registered apprenticeships. An apprenticeship program in the construction industry that does not meet the standards in section 3203 is granted provisional status and has one year to adjust and resubmit its training hours to the Maine Apprenticeship Council for approval. The department may grant a waiver for an apprenticeship program in the construction industry that does not meet the standards in section 3203 for an additional 6 months if the department determines there is a hardship preventing compliance. If, after one year, or after 18 months if granted a waiver by the department, an apprenticeship program in the construction industry does not submit proof of adjustment to the training hours required by section 3203, the program must be deregistered and is not eligible for registration for one year after being deregistered.

Sec. 5.  26 MRSA §3211, sub-§8 is enacted to read:

8. 8. Monetary incentive program for historically underrepresented populations in the construction industry. The Maine Apprenticeship Council shall, in coordination with the department, establish a financial incentive program for registered apprenticeships in the construction industry to recruit historically underrepresented populations. No more than 50% of the funds granted under this program may be allocated to the registered apprenticeship sponsor, and the remaining 50% of the funds must be reserved for stipends for registered apprentices who meet the criteria established under this program.

Sec. 6.  26 MRSA §3211, sub-§9 is enacted to read:

9. 9. Department, Maine Apprenticeship Council to establish criteria for funding registered apprenticeships in the construction industry. The Maine Apprenticeship Council shall, in coordination with the department, establish criteria for funding registered apprenticeship programs in the construction industry. The criteria must establish benchmarks and consider the total package value that a registered apprentice graduate earns upon transitioning to journeyman status. The total package value must meet or exceed $40 per hour for the registered apprenticeship to receive funding under this subsection.

SUMMARY

This bill increases from 2,000 to 3,000 the minimum number of hours of on-the-job training required in registered apprenticeship programs in the construction industry. It also increases from 144 to 300 the number of required hours of related instruction for each year of apprenticeship in the construction industry. It specifies that if an apprenticeship program does not currently meet this increased number of hours of on-the-job training and hours of related instruction, the program is granted provisional status and is given one year to comply. The Department of Labor may grant a 6-month waiver if there is a hardship preventing compliance. If after that time the apprenticeship program in the construction industry does not submit proof of adjustment of the training hours, the program must be deregistered and is not eligible for registration for one year after being registered.

The bill also requires the Maine Apprenticeship Council and the Department of Labor to establish a financial incentive program for registered apprenticeships in the construction industry to recruit historically underrepresented populations. The bill also requires the Maine Apprenticeship Council and the Department of Labor to establish criteria for funding registered apprenticeship programs in the construction industry. The criteria must establish benchmarks and consider the total package value that a registered apprentice graduate earns upon transitioning to journeyman status.