An Act to Promote a Diverse, More Experienced Construction Workforce and Ensure High-quality Careers by Increasing Registered Apprenticeship Programs
Maine Legislature, Session 131, LD 1539
Committee: Labor and Housing
Sponsors: GERE, DOUDERA, GATTINE, GOLEK, RUSSELL, SKOLD, PIERCE
Amends: 26 MRSA §3201, 26 MRSA §3203, 26 MRSA §3206, 26 MRSA §3211

Legislative Document
No. 1539
H.P. 991
House of Representatives, April 6, 2023
An Act to Promote a Diverse, More Experienced Construction 
Workforce and Ensure High-quality Careers by Increasing 
Registered Apprenticeship Programs
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GERE of Kennebunkport.
Cosponsored by Representatives: DOUDERA of Camden, GATTINE of Westbrook, GOLEK 
of Harpswell, LaROCHELLE of Augusta, RUSSELL of Verona Island, SKOLD of Portland, 
Senator: PIERCE of Cumberland.
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:
A.  Wages;
B.  The dollar value of employer-paid health insurance; and
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:
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:
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.  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.  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.  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.