Bill H.1857

HOUSE DOCKET, NO. 133 FILED ON: 1/10/2023

HOUSE . . . . . . . . . . . . . . . No. 1857

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1857) of Josh S. Cutler and others relative to apprenticeship standards. Labor and Workforce Development.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to apprenticeship standards.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 12 and 13, the words “and the department of labor relations” and inserting in place thereof the following words:- , the department of labor relations and the department of apprenticeship standards

SECTION 2. The first paragraph of section 11E of said chapter 23, as so appearing, is hereby amended by striking out the first to third sentences, inclusive, and inserting in place thereof the following 4 sentences:-

There shall be in the department of apprenticeship standards an apprenticeship council, to consist of 12 members, 10 of whom shall be appointed by the secretary of labor and workforce development, 1 of whom shall be the director of the department of apprenticeship standards or a designee thereof, who shall serve as chair, and 1 of whom shall be the associate commissioner of career and technical education or his successor, in the department of education. Of the appointive members, 4 of whom shall be persons who, on account of previous vocation, employment, occupation or affiliation, may be classified as representatives of labor, provided that at least 1 of whom shall be recommended by the president of the Massachusetts Building Trades Council, and 4 of whom shall be persons who, on account of previous vocation, employment, occupation or affiliation, may be classified as representatives of management, provided that at least 1 of whom shall be recommended by the Massachusetts Apprentice Network. The appointive members shall represent a variety of industries and geographical diversity across the commonwealth. The terms of office of the representatives of labor and management initially appointed shall expire as designated by the director of the department of apprenticeship standards at the time of making the appointments, 1 representative each of labor and management shall be appointed for a term of 1 year, 2 representatives each of labor and management shall be appointed for a term of 2 years, and 1 representative each of labor and management shall be appointed for a term of 3 years.

SECTION 3. The last sentence of said first paragraph of said section 11E of said chapter 23, as so appearing, is hereby amended by inserting, in line 28, after the words “15 days in a” the following word:- calendar.

SECTION 4. The second paragraph of said section 11E of said chapter 23, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

The council shall meet no less than once quarterly during each calendar year or at the call of the director of the department of apprenticeship standards and shall aid the director in formulating policies for the effective administration of this chapter.

SECTION 5. Section 11F of said chapter 23, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “deputy director of apprentice standards. The deputy director” and inserting in place thereof the following words:- director of the department of apprenticeship standards. The director

SECTION 6. Said chapter 23, as so appearing, is hereby further amended by striking out section 11G and inserting in place thereof the following section:-

Section 11G. The director of the department of apprenticeship standards, with the advice and guidance of the apprenticeship council, shall administer sections 11E to 11W, inclusive, shall maintain or require to be maintained a record of apprenticeship programs and apprenticeship agreements and their disposition, shall cooperate with the state department of education and the local school authorities in regard to the education of apprentices in accordance with the standards established by the director for the same occupation or group of occupations, and shall perform such other duties as are necessary to carry out the intent of said sections 11E to 11W, inclusive.

The director, or a designee thereof, shall set up and establish conditions and training standards for apprentice programs, which conditions or standards shall in no case be lower than those prescribed in said section 11E to 11W, inclusive. Further, the director, or a designee thereof, may create and implement a schedule of progressive sanctions regarding registration of apprenticeship programs, shall act as chair of the apprenticeship council, may approve an apprenticeship program or resultant apprenticeship agreement which meets the standards established under said sections 11E to 11W, inclusive, may exercise discretion to review and modify apprenticeship programs or apprenticeship agreements, including terminating or canceling an apprenticeship program or apprenticeship agreement, and may issue certificates of completion of apprenticeship.

SECTION 7. Said chapter 23, as so appearing, is hereby further amended by striking out section 11H and inserting in place thereof the following section:-

Section 11H. As used in sections 11E through 11W, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Apprentice”, a person at least 16 years of age who has entered an apprenticeship agreement with an employer, or an association of employers, or an organization of employees, or other apprenticeship program sponsor duly registered with the department of apprenticeship standards.

“Apprenticeship agreement”, a written agreement, which may be electronically signed, between an apprentice and an apprenticeship program sponsor which is registered with the department and which provides for not less than 2,000 hours of reasonably continuous employment, consistent with training requirements as established by industry practice; except that for expansion industries, as defined by this section, the director may establish a clear minimum threshold for required hours of reasonably continuous employment, consistent with quality and safety standards of such industry. The written agreement shall also provide for not less than 150 hours per year of related instruction for a person in the occupation to which they are apprenticed, or in the case of licensed occupations, as required by regulations of the appropriate licensing identity, as applicable, as well as participation in an approved schedule of work experience throughout a reasonably continuous period of employment.

“Apprenticeable occupation”, an occupation which: (1) can be learned in a practical way through a structured, systemic program of on-the-job supervised training; (2) is clearly identified and commonly recognized through an industry; (3) involves manual, mechanical, or technical skills and knowledge which require a minimum hours of on-the-job work experience as written in the apprenticeship agreement; and (4) requires related training or technical instruction to supplement the on-the-job training.

“Apprenticeship program”, a program which is registered with the department for the recruitment, selection, employment, training, and qualification of apprentices.

“Apprenticeship program sponsor”, a person, association, committee, organization, corporation, partnership, trust or other entity operating an apprenticeship program and in whose name the program is registered with the department.

“Apprenticeship term”, a complete apprenticeship program for an individual apprentice, which measures successful performance through (1) a time-based model, showing completion of the industry standard of at least 2,000 hours of reasonably continuous employment; or either (2) a competency-based model, showing skill acquisition through the individual apprentice’s demonstration of acquired skills and knowledge, as verified by the program sponsor; or (3) a hybrid model, which blends the time-based and competency-based model for apprenticeships in expansion industries. At a minimum, the apprenticeship term shall include a measure of skills-based competencies and include both related technical instruction and reasonably continuous employment.

“Department”, the department of apprenticeship standards in the executive office of labor and workforce development.

“Director”, the director of the department of apprenticeship standards

“Expansion Industries”, industries underrepresented in apprenticeship programs that the secretary of labor and workforce development identifies as critical to a regional labor market economy

“Licensing entity”, a state agency, including the division of occupational licensure that issues licenses to individuals to engage in occupations.

“Proctor”, an instructor approved by the department or a person competent in an apprentice’s occupation including, but not limited to, a journey worker.

“Skills-based competencies”, demonstrable manual, mechanical, or technical skills, and related knowledge, as specified by an occupational standard and demonstrated by an apprentice through an appropriate written and hands-on proficiency measurement, including on-the-job work hours. Such skills-based competencies shall be used to determine progression over the course of an Apprenticeship Term and may be used to assess an apprentice’s progression through a registered apprenticeship program.

“Verification of Hours”, a formal notice issued by the department upon request by either an apprenticeship program sponsor, a registered apprentice, or a licensing entity, confirming the number of hours that the sponsor has reported to the department.

SECTION 8. Section 11I of said chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, subsections (a) to (h), inclusive, and inserting in place thereof the following 7 subsections:-

(a) a requirement that the apprentice receive a minimum of hours of reasonably continuous employment as an apprentice, consistent with training requirements as established by industry practice, in the occupation to which they are apprenticed, provided that an apprentice must receive a minimum of 2,000 hours of employment; in the case of licensed occupations, such requirements shall be as required by regulations of the appropriate licensing identity, as applicable;

(b) a requirement that the apprentice receive a minimum of 150 hours of annual related classroom instruction during the period of apprenticeship in the occupation to which they are apprenticed, or in the case of licensed trades, as required by regulation of the licensing entity, as applicable and any examinations administered during such instruction shall be monitored by a proctor;

(c) a schedule of the work processes to be learned in the occupation and a corresponding progressively increasing scale of wages for the apprentice, during the period of apprenticeship; such schedule may include a measure of skills-based competencies, through which an apprentice can progress, and which shall include demonstrable development of manual, mechanical, or technical skills, and related knowledge, as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement;

(d) a concise and accurate statement of the terms and conditions of the employment and training of the apprentice and a statement that the apprenticeship agreement shall be registered with the department within 30 days of its execution;

(e) a statement that such agreement may be terminated, within the lesser of (1) 1 year or (2) 25 per cent of the length of the apprenticeship program from the date of its execution, by either the employer or the apprentice, for any reason;

(f) a statement that the agreement may be terminated by the director any time during the duration of the agreement if the director deems it proper; and

(g) a statement that the department is available to receive, investigate and resolve any complaints the apprentice has about the apprenticeship training program in which the apprentice is registered.

SECTION 9. Section 11J of said chapter 23, as so appearing, is hereby amended by striking out, in line 2, the word “division” and inserting in place thereof the following word:- department

SECTION 10. Said section 11J of said chapter 23, as so appearing, is hereby further amended by striking out, in line 5, the words “deputy director” and inserting in place thereof the following words:- director; such signature may be electronic in a manner designated by the department. The sponsor shall keep a signed copy of each signed apprenticeship agreement on file and shall make such agreements available to the department upon request

SECTION 11. Section 11K of said chapter 23, as so appearing, is hereby amended by striking out, in lines 1 and 38, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department

SECTION 12. Said section 11K of said chapter 23, as so appearing, is hereby further amended by striking out, in line 8, the words “deputy director, the director,”, and inserting in place thereof the following words:- director of the department of apprenticeship standards

SECTION 13. Subsection (b) of said section 11K of said chapter 23, as so appearing, is hereby amended by striking out, in line 13, the word “orientation” and inserting in place thereof the following words:- orientation, genetic information

SECTION 14. Said section 11K of said chapter 23, as so appearing, is hereby further amended by striking out subsections (c) and (d) and inserting in place thereof the following 2 subsections:-

(c) The apprenticeship program shall ensure that each apprentice completes an apprenticeship term, through either a time-based, competency-based, or hybrid model; provided that the apprenticeship program shall ensure that each apprentice works a minimum of 2,000 hours of employment, consistent with training requirements as established by industry practice, at the occupation to which they are apprenticed; provided further that the apprenticeship program shall include, at a minimum, a measure of skills-based competencies, through which the apprentice can progress, upon demonstrating proficiency for expansion industries that use competency-based or a hybrid model. The apprenticeship program shall ensure that each apprentice receives, at a minimum, 150 hours annually of related classroom instruction in the occupation to be learned, or in the case of licensed trades, as required by regulation of the licensing entity, as applicable and any examinations administered during such instruction shall be monitored by a proctor.

(d) The apprenticeship program must ensure that each apprentice is paid in accordance with a predetermined schedule of wage rates based on the program’s journeyperson rate, said schedule shall progressively increase with the apprentice’s skill level and average at least 50 per cent of the journeyperson's rate for the apprenticeship term.

SECTION 15. Section 11L of said chapter 23, as so appearing, is hereby amended by striking out, in lines 4, 15, and 18, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department

SECTION 16. Section 11T of said chapter 23, as so appearing, is hereby amended by striking out, in lines 2, 4, 27, 54, and 57, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department

SECTION 17. Subsection (b) of said section 11T of said chapter 23, as so appearing, is hereby amended by striking out, in lines 5, 18, and 33, the word “deputy” each time it appears.

SECTION 18. Said subsection (b) of said section 11T of said chapter 23, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The determination of the director shall be filed with the department and notice of the determination shall, at the same time, be emailed and mailed, postage prepaid, to each person known by the department to be an interested person, at the last address on file with the department. A person aggrieved by a determination or action of the director may, within the 10 business day period, appeal to the department, which shall hold a hearing after due notice to all interested parties. If no appeal is filed with the director within 10 business days after the date of such filing and notice, the determination shall become the final decision.

SECTION 19. Section 11U of said chapter 23, as so appearing, is hereby amended by striking out, in lines 1, 11, 12, and 13, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department

SECTION 20. Subsection (c) of said section 11U of said chapter 23, as so appearing, is hereby amended by striking out the first paragraph and insert in place thereof the following paragraph:-

The determination of the director shall be filed with the department and notice of the determination shall, at the same time, be mailed and emailed to each person known by the department to be an interested person, at the last address on file with the department. If no appeal is filed with the director within 10 business days after the date of the filing and notice, the determination shall become final.

SECTION 21. Said subsection (c) of said section 11U of said chapter 23, as so appearing, is hereby further amended by striking out, in lines 22 and 23, the words “deputy director may, within the time allowed, appeal to the director, who” and inserting in place thereof the following words:- director may, within the time allowed, appeal to the department, which

SECTION 22. Said subsection (c) of said section 11U of said chapter 23, as so appearing, is hereby further amended by striking out, in line 25 and 26, the following words:- of the director

SECTION 23. Subsection (d) of said section 11U of said chapter 23, as so appearing, is hereby amended by striking out, in line 34, the word “deputy”.

SECTION 24. Section 11W of said chapter 23, as so appearing, is hereby amended by striking out the first to third sentences, inclusive, and inserting in place thereof the following 3 sentences:-

The director shall require each apprentice entering into a written agreement pursuant to this chapter to submit an application to the department for an apprentice identification card, which may be issued electronically. Such application shall be accompanied by a fee paid by the apprentice or the program sponsor, together with photographic prints and such other information as required by the director, except that a veteran receiving education benefits from the Department of Veterans Affairs under Title 38 of the United States Code shall not be required to pay a fee. The apprentice identification card shall expire 1 year from the date of issue, but may be automatically renewed electronically in a manner designated by the department.

SECTION 25. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out, in lines 11 and 14, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department

SECTION 26. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out, in lines 18 and 19, the words “deputy director requires; the date on which the apprentice identification card expires;” and inserting in place thereof the following words:- director requires; the date on which the apprenticeship began;

SECTION 27. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out, in line 21, the word “sponsor;” and inserting in place thereof the following words:- sponsor, and may contain

SECTION 28. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following 2 sentences:-

As a condition of apprenticeship, the apprentice shall keep the apprentice identification card in a form designated by the department on his person during the apprenticeship. Such designated form may vary by occupation.

SECTION 29. Paragraph (1) of subsection (v) of section 6 of chapter 62, as so appearing, is hereby amended by adding, in line 1158, after the words “NAICS code 31-33”, the following words:- and other expansion industries new to apprenticeship the secretary of labor and workforce development identifies as critical to a regional labor market economy

SECTION 30. Subsection (a) of section 38HH of chapter 63, as so appearing, is hereby amended by adding, in line 18, after the words “NAICS code 31-33”, the following words:- and other expansion industries new to apprenticeship the secretary of labor and workforce development identifies as critical to a regional labor market economy

Name:	District/Address:	Date Added:
Josh S. Cutler	6th Plymouth	1/10/2023
Smitty Pignatelli	3rd Berkshire	1/24/2023
Kenneth I. Gordon	21st Middlesex	1/24/2023
Christopher J. Worrell	5th Suffolk	1/27/2023
Aaron L. Saunders	7th Hampden	2/23/2023
Vanna Howard	17th Middlesex	2/27/2023
Shirley B. Arriaga	8th Hampden	2/28/2023