Information Item
Date: March 20, 2024
To: Mayor and City Council
From: Rick Valte, Public Works Director
Subject: Skilled and Trained Labor Policy for Renewable Energy and Electrical Vehicle Supply Equipment Projects
Introduction
Santa Monica City Council introduced a Discussion Item (Attachment A) and approved a motion on July 25, 2023, that directed the City Manager to return to Council with recommendations addressing skilled and trained labor requirements for renewable energy projects and related infrastructure either City-funded or placed upon City property to be installed by state-certified electricians. The motion outlined proposed requirements and staff has drafted responses to those requirements and developed recommendations for City Council consideration herein.
Discussion
On July 25, 2023, City Council introduced a Discussion Item and approved a motion that directed the City Manager to return to Council with recommendations addressing skilled and trained labor requirements for renewable energy projects, electrical vehicle supply equipment, and related infrastructure either City-funded or placed upon City property to be installed by state-certified electricians. This Discussion Item was presented in alignment with the Sustainable & Connected Community priority to “ensure that City policies and programs enhance our resources, prevent and remedy harm to the natural environment and human health, and benefit the social and economic wellbeing of the community for the sake of current and future generations”.
Furthermore, Council communicated that a skilled and trained labor policy may:
Information Item: Renewable Energy Skilled and Trained Electrical Policy 2 • Create a healthier, cleaner, and safer city and built environment • Create eligibility for Federal and State infrastructure and greenhouse gas reduction funding for renewable energy projects and related infrastructure • Create a Green New Economy locally
• Create a pathway for folks into high road jobs
The City Council directed the City Manager to address ten proposed requirements in developing recommendations for Council consideration. The proposal included that the installation of Electric Vehicle Supply Equipment (EVSE), photovoltaics (PV), battery energy storage systems (BESS) and microgrid-related infrastructure, either funded by or installed upon City of Santa Monica property, conform to the following requirements:
1. All contracted work shall be performed by State Licensed C-10 Electrical contractors and comply with the requirements thereof set forth in California law.
2. Electrical work will be performed by California state certified general electricians and apprentices registered in a state of California approved joint labor management apprenticeship program.
3. Sixty percent (60%) of all “Journeyman” electricians must be graduates of a Joint Labor Management State of California Approved Electrical Apprenticeship Training Program unless for an EVSE Project.
4. A minimum of 25% of job site electrical workers must be OSHA 10-Hour General Industry Safety & Health Certified.
5. At least one job site electrical worker must be OSHA 30-Hour General Industry Safety & Health Certified.
6. The ratio of “journeymen” to apprentices shall comply with requirements set forth in California law.
And further directed that EVSE installations will meet the following additional requirements:
1. At a minimum, one job-site supervisor or job-site foreman supervising the EV Work at each job site is required to be an Electrical Vehicle Infrastructure Training Program (“EVITP”) certified electrician.
2. A minimum of fifty percent (50%) of the state-certified general electricians performing the EV Work on each job site shall be EVITP certified electricians.
3. Fifty percent (50%) of all “Journeyman” electricians must be graduates of a Joint Labor Management State of California Approved Electrical Apprenticeship Training Program.
4. EVITP certification requirements do not apply to apprentices.
Information Item: Renewable Energy Skilled and Trained Electrical Policy 3 City staff’s review of these proposed requirements is outlined below.
California requirements for C-10 State Licensure and Certified General Electricians A State Licensed C-10 Electrical Contractor places, installs, erects, or connects any electrical wires, fixtures, appliances, apparatus, raceways, conduits, solar photovoltaic cells, or any part thereof, which generate, transmit, transform or utilize electrical energy in any form or for any purpose. Existing law requires that all contracted electrical work for the installation of EVSE, PV, BESS and microgrids shall be performed by State Licensed C-10 electrical contractors and that persons performing work as electricians under a C-10 licensed contractor be certified pursuant to certification standards established by the Division of Labor Standards Enforcement.
California-Approved Joint Labor Management Electrical Apprenticeship Programs Joint Labor Management Apprenticeship Programs are joint Union and Contractor administered programs certified by the Division of Apprenticeship Standards (DAS), Department of Industrial Relations of the State of California. According to the DAS website, all California-approved apprenticeship programs create opportunities for Californians to obtain skills leading to gainful employment and provide employers with a highly skilled and experienced workforce while strengthening California’s economy.
However, only one of the 43 contractors that have submitted bids to the City on EVSE, PV, BESS and microgrid projects since 2019 are listed on any union-based California approved apprenticeship program webpage. In interviews with contractors currently doing work with the City, concerns were communicated that instituting this requirement would likely affect their ability to bid on future work.
In a meeting with representatives from International Brotherhood of Electrical Workers (IBEW) and National Electrical Contractors Association (NECA), staff conveyed the challenges raised by contractors currently doing relevant work with the City. Both IBEW and NECA are aligned with and support the City Council’s goal of creating pathways to gainful career opportunities and delivering quality projects by a trained and certified workforce. Staff, IBEW and NECA committed to work together to increase the eligibility of contractors to meet the Council-proposed requirements, both through the Information Item: Renewable Energy Skilled and Trained Electrical Policy 4 IBEW/NECA network and through the development of incremental implementation strategies to bring the local contractor community along.
Current Requirement for Participation in Apprenticeship Programs The Santa Monica Municipal Code Chapter 7.28 establishes current requirements for participation in apprenticeship programs for public works projects receiving Federal, State or City financial assistance, or projects located on land leased by the City to private parties as outlined in Attachment B.
OSHA 10-Hour and OSHA 30-Hour General Industry Safety & Health Certification The OSHA Outreach Training Program provides training on the recognition, avoidance, abatement, and prevention of workplace hazards. Outreach classes also provide overview information regarding OSHA, including workers’ rights, employer responsibilities, and how to file a complaint. The 10-hour General Industry Safety & Health Certification training program is primarily intended for entry level workers. The 30- hour General Industry Safety & Health Certification training program is intended to provide workers with some safety responsibility and a greater depth and variety of training. All outreach training is intended to cover an overview of hazards a worker may encounter on a job site. This training is not currently required by the City, however the training is provided at a low cost without the need for intensive time investment to complete the certification and therefore could be incorporated into the City’s procurement requirements.
California Requirements set forth for the Ratio of “Journeymen” to Apprentices Current City apprenticeship requirements conform with existing law that allows a contractor to have one apprentice for every one journeyman and one apprentice hour worked for every five journeyman hours worked.
Electrical Vehicle Infrastructure Training Program (“EVITP”) The EVITP was an education initiative launched in 2012 by the University of Michigan with partnerships from the automotive and battery manufacturers, investor- and municipal-owned utilities, EV supply manufacturers, electrical inspectors, electrical Information Item: Renewable Energy Skilled and Trained Electrical Policy 5 contractors, and first responders to address technical requirements, safety imperatives, and performance integrity of EV charging infrastructure. A nonprofit organization was created to provide the training program to other states. Any licensed or certified electrician in the state or local jurisdiction where the electrician resides is eligible to take the EVITP. The program consists of a 20-hour online training course conducted by subject matter experts on residential, commercial, and industrial charging stations. The curriculum includes, but is not limited to, training on electric vehicle supply equipment, the National Electrical Code, load calculation, site assessment, jobsite safety, personal protection equipment, commissioning, and troubleshooting. EVITP indicates that the curriculum is updated with changes to the industry’s technology, products, and practices. The program currently costs $275, which includes the instruction, exam proctoring, and certification. Certification is contingent on receiving a passing score on the proctored online exam and may be credited towards the continuing education unit credit requirements of a certified electrician. The EVITP certification expires after three years from the date of program completion. To recertify, the latest version of the class and test must be successfully completed.
State-mandated EVITP training requirements went into effect for state-funded electric vehicle charging infrastructure work and equipment performed and provided on and after January 1, 2022. (California Assembly Bill 841-Ting). This training is not currently required by the City for city-funded projects and only one of 26 of contractors that have submitted bids to the City on EV projects since 2019 are listed on EVITP webpage, however the training is provided at a low cost without the need for intensive time investment to complete the certification and therefore could be incorporated into the City’s procurement requirements.
Responses to and Recommendations for Council-Proposed Requirements Responses to and recommendations for the Council-proposed requirements for the installation of EVSE, PV, BESS and microgrid-related infrastructure, either funded by or installed upon City of Santa Monica property, fall into two categories. First are those that are identified as achievable in the short-term because they are already required by California law or training is provided at a low cost without the need for intensive time Information Item: Renewable Energy Skilled and Trained Electrical Policy 6 investment to complete the required certification. Second are the requirements that require additional time for contractors to register an existing workforce, set up additional administration policies and practices, and initiate dues that could affect their ability to bid on future work.
Existing law requires all contracted electrical work for the installation of EVSE, PV, BESS and microgrids shall be performed by State Licensed C-10 electrical contractors and that persons performing work as electricians under a C-10 licensed contractor be certified pursuant to certification standards established by the Division of Labor Standards Enforcement. Existing law also requires that persons performing work as electricians under a C-10 licensed contractor be certified pursuant to certification standards established by the Division of Labor Standards Enforcement. Some related infrastructure within the contracted work for the installation of EVSE, PV, BESS and microgrids may include work that requires alternate State Licenses, such as, but not limited to, trenching, fencing, pouring concrete, or the erecting of support structures.
Therefore, it is recommended that the Council-proposed requirements be revised from “All contracted work” to “All contracted electrical work” for clarification and compliance. As indicated below, staff will bring forward a resolution that requires that work shall be performed by State Licensed C-10 Electrical contractors, work shall comply with the requirements thereof set forth in California law, and electrical work will be performed by California state certified general electricians.
Staff recommends the implementation of the Council-proposed requirements for OSHA 10-Hour and 30-Hour General Industry Safety & Health Certification for contractors hired for renewable energy projects and related infrastructure work. It would be advantageous for the City because it would help improve site safety. The training is provided at a low cost without the need for intensive time investment to complete the certification and therefore should be achievable by contractors.
The implementation of a mandated EVITP training requirement that includes, but is not limited to, training on electric vehicle supply equipment, the National Electrical Code, load calculation, site assessment, jobsite safety, personal protection equipment, Information Item: Renewable Energy Skilled and Trained Electrical Policy 7 commissioning, and troubleshooting for residential, commercial, and industrial charging stations for contractors hired for EV work would be advantageous for the City by creating a baseline knowledge of the evolving technology in the industry. Although less than 4% of contractors that have submitted bids to the City on EV projects since 2019 are listed on EVITP webpage, this training is provided at a low cost without the need for intensive time investment to complete the certification and therefore should be achievable by contractors. However, it is recommended that the minimum requirement enacted in Santa Monica aligns with that included in California Assembly Bill 841 (Ting).
First, that all electric vehicle charging infrastructure and equipment on the customer side of the electric meter be installed by a contractor with the appropriate license classification, as determined by the Contractors’ State License Board, and at least one electrician on each crew, at any given time, who holds an EVITP certification. Second, that projects installing a charging port supplying 25 kilowatts or more to a vehicle have at least 25% of the total electricians working on the crew for the project, at any given time, who hold EVITP certification. And finally, that EVITP certification requirements do not apply to apprentices.
Considering the feedback from contractors that have submitted bids to the City on EVSE, PV, BESS and microgrid projects since 2019, staff is pursuing a two-pronged approach with IBEW and NECA to address the direction received by Council- related to Joint Labor Management Apprenticeship Training Programs. First, IBEW and NECA will work to connect their networks to Santa Monica’s online procurement portal on OpenGov Procurement to increase the number of contractors that could meet the Council-proposed requirements. Public Works and Finance staff are working together to inform how contractors that meet those requirements may be awarded points in the evaluation of bids for applicable projects. Second, staff, IBEW and NECA will continue to meet to develop a recommendation for an incremental implementation strategy that has been used and proven successful elsewhere to bring the local contractor community along so they can meet the proposed requirements in the near future.
Therefore, it is recommended that the Council-proposed requirements regarding Joint Labor Management State of California Approved Electrical Apprenticeship Training Information Item: Renewable Energy Skilled and Trained Electrical Policy 8 Programs are enacted on projects only after staff explore the effects on business and labor administration with IBEW and NECA further and establish an implementation strategy. This will give contractors of all sizes time to augment their business policies, practice, and staff to qualify for future requirements.
In the coming months, staff intend to draft a Resolution for Renewable Energy and Electrical Vehicle Supply Equipment Projects requiring the installation of EVSE, PV, BESS and microgrid-related infrastructure, either funded by or installed upon City of Santa Monica property that exceed $250,000, to conform to the following requirements:
1. All contracted electrical work shall be performed by state-licensed C-10 Electrical contractors and comply with the requirements thereof set forth in California law.
2. Electrical work will be performed by California state-certified general electricians.
3. A minimum of 25% of job site electrical workers must be OSHA 10-Hour General Industry Safety & Health Certified.
4. At least one job site electrical worker must be OSHA 30-Hour General Industry Safety & Health Certified.
EVSE installations will also meet the following additional EVITP requirements that align with those included in California Assembly Bill 841 (Ting):
1. At a minimum, at least one electrician on the crew installing the EV Work at each job site is required to hold an Electrical Vehicle Infrastructure Training Program (“EVITP”) certification.
2. At a minimum, at least twenty-five percent (25%) of the state certified general electricians performing the EV Work on each job site of projects that install a charging port supplying 25 kilowatts or more to a vehicle shall hold an EVITP certification.
3. EVITP certification requirements do not apply to apprentices.
Staff’s proposed resolution will also detail an incremental implementation of requirements regarding Joint Labor Management State of California Approved Electrical Apprenticeship Training Programs based on the final ongoing discussions with IBEW and NECA. Staff anticipate bringing the resolution back before Council in Summer 2024.
Information Item: Renewable Energy Skilled and Trained Electrical Policy 9 Prepared By: Amelia Feichtner, Capital Program Manager Sebastian Felbeck, Senior Construction Manager
Ariana Vito, Senior Sustainability Analyst
Attachments: Attachment A: City Council Meeting, July 25, 2023, Agenda Item 16.D City Council Discussion Item with Council-Proposed Requirements Attachment B: Santa Monica Municipal Code (SMMC) 7.28 Prevailing Wage and Apprenticeship Law
City Council
Report
City Council Meeting: July 25, 2023
Agenda Item: 16.D
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmember Torosis, Mayor Davis and Councilmember Zwick that the City Council direct the City Manager to return to Council with recommendations addressing skilled and trained labor requirements for renewable energy projects and related infrastructure either City funded or placed upon City property to be installed by state-certified electricians. The City Manager should address proposed requirements outlined in attachment A in developing recommendations for Council consideration.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Renewable Energy jobs - Attachment A
B. Written Comments
ATTACHMENT A
Attachment A:
1. All contracted work shall be performed by State Licensed C-10 Electrical contractors and comply with the requirements thereof set forth in California law.
2. Electrical work will be performed by California state certified general electricians and apprentices registered in a state of California approved joint labor management apprenticeship program.
3. Sixty percent (60%) of all “Journeyman” electricians must be graduates of a Joint Labor Management State of California Approved Electrical Apprenticeship Training Program unless for an EVSE Project governed by Section 2 of this resolution below.
4. A minimum of 25% of job site electrical workers must be OSHA 10 Hour General Industry Safety & Health Certified.
5. At least one job site electrical worker must be OSHA 30 Hour General Industry Safety & Health Certified.
6. The ratio of “journeymen” to apprentices shall comply with requirements set forth in California law.
7. At a minimum, one job-site supervisor or job-site foreman supervising the EV Work at each job site is required to be an Electrical Vehicle Infrastructure Training Program (“EVITP”) certified electrician.
8. A minimum of fifty percent (50%) of the state certified general electricians performing the EV Work on each job site shall be EVITP certified electricians.
9. Fifty percent (50%) of all “Journeyman” electricians must be graduates of a Joint Labor Management State of California Approved Electrical Apprenticeship Training Program.
10. EVITP certification requirements do not apply to apprentices.
ATTACHMENT B