Cal. PUC § 769.2 — California Code / Code puc / Division 1 / Part 1 / Chapter 4 / Article 3 / Section 769.2
Section 769.2
Status: in_force

(a) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, construction of a renewable electrical generation facility, and associated battery storage, after December 31, 2023, that receives service pursuant to the standard contract or tariff developed pursuant to Section 2827.1, shall constitute a public works project for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code, except as specified in subdivision (f).

(b) A contractor who enters into a contract to perform work on a renewable electrical generation facility or associated battery storage described in subdivision (a) shall do all of the following:

(1) The contractor shall pay each construction worker employed in the execution of the work, at minimum, the general prevailing rate of per diem wages, except that an apprentice registered in a program approved by the Chief of the Division of Apprenticeship Standards shall be paid, at minimum, the applicable apprentice prevailing rate.

(2) The contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. Notwithstanding Section 1776 of the Labor Code, the contractor shall not be required to provide copies of certified payroll records to any entity other than the Department of Industrial Relations and the commission.

(3) The contractor shall biannually, on July 1 and December 31 of each year, submit to the commission digital copies of its certified payroll records, in a format consistent with systems used for compliance with Section 1776 of the Labor Code, for projects subject to this section. The commission shall retain these records as public records for five years.

(c) The requirement imposed in paragraph (1) of subdivision (b) may be enforced through any of the following mechanisms:

(1) Within 18 months after completing the renewable electrical generation facility, by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code.

(2) By an underpaid construction worker or apprentice through an administrative complaint or civil action.

(3) By a joint labor-management committee through a civil action pursuant to Section 1771.2 of the Labor Code.

(d) If a willful violation of this section has been enforced against a contractor for the construction of a renewable electrical generation facility pursuant to subdivision (c), that facility shall remain eligible to receive service pursuant to a standard contract or tariff developed pursuant to Section 2827 or 2827.1 if restitution has been made to the affected workers and all associated penalties and fines have been paid.

(e) The commission shall require each large electrical corporation to include the requirements of this section in each standard contract or tariff offered pursuant to Section 2827.1.

(f) (1) This section does not apply to a 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.

(2) This section does not apply to a 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.

(3) This section does not apply to a project that is a public work, as defined in Section 1720 of the Labor Code, and that is subject to Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.

(4) This section does not apply to a renewable electrical generation facility that serves only a modular home, a modular home community, or multiunit housing that has two or fewer stories.

(g) (1) The entity that engaged the contractor to perform work on a renewable electrical generation facility and associated battery storage described in subdivision (a) is not an awarding body, as defined in Section 1722 of the Labor Code. Public works project requirements not found in this section do not apply to the entity. This section does not affect the entity’s liability for nonpayment of wages or materials under Section 3 of Article XIV of the California Constitution.

(2) The contractor who enters into a contract with the entity described in paragraph (1) to perform work on a renewable electrical generation facility and associated battery storage described in subdivision (a) is the awarding body only for the limited purposes of Section 1773.3 of the Labor Code.