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ASSEMBLY BILL 2143

CALIFORNIA PUBLIC UTILITIES CODE, SECTION 769.2

In 2022, the California Legislature passed AB 2143 which added the construction of any renewable electrical generation facility and associated battery storage to the list of public works for prevailing wage purposes.  Section 769.2 applies to projects for the construction of these types of facilities after December 31, 2023, that receive service pursuant to a standard contract or tariff developed per Section 2827.1. 

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A list of applicable tariffs, identified by utility company, are as follows:

  • PG&E: NEM, NEM2, NBT, NEMVMASH, NEM2VMSH, NEMV, NEM2V, NEM2VSOM

  • SCE: NEM, NEM-ST, NBT, MASH-VNM, MASH-VNM-ST, NEM-V, NEM-V-ST, SOMAH-VNM

  • SDG&E: NEM, NEM-ST, NBT, VNM-A, VNM-A-ST, NEM-V, NEM-V-ST, SOMAHVNM

As an entity responsible for the hauling and delivery of ready-mix concrete, such supplies will be subject to prevailing wage requirements outlined in California Labor Code 1720.9 and AB 219.  In addition to requiring payment of prevailing wage and standard DIR reporting requirements, PUC 769.2 also requires that digital copies of certified payroll reports be submitted to the Public Utilities Commission through its online reporting portal, Solar-Utilities Reporting, Guidance, and Education (SURGE), by July 1 and December 31 every year.

Projects exempt from these requirements include:

  • residential renewable electrical generation facility that is eligible to receive service pursuant to the standard contract or tariff developed pursuant to Section 2827.1 and has a maximum generating capacity of 15 kilowatts or less of electricity.

  • residential renewable electrical generation facility that is eligible to receive service pursuant to the standard contract or tariff developed pursuant to Section 2827.1 and that is installed on a single-family home.

  • projects that are defined as a public work in Section 1720 of the Labor Code.

  • renewable electrical generation facility that serves only a modular home, a modular home community, or multiunit housing that has two or fewer stories.

Please contact your Holliday Rock Sales Representative if you have any questions about the application of PUC 769.2 / AB 2143 to your project.

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