Bill Text: CA AB2143 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Net energy metering: construction of renewable electrical generation facilities: prevailing wage.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 774, Statutes of 2022. [AB2143 Detail]

Download: California-2021-AB2143-Amended.html

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Amended  IN  Assembly  April 18, 2022

Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2143

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Introduced by Assembly Member Carrillo

February 15, 2022

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An act to add Sections 769.2 and 913.13 to the Public Utilities Code, relating to energy.

LEGISLATIVE COUNSEL'S DIGEST

AB 2143, as amended, Carrillo. Net energy metering.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires every electric utility, defined to include electrical corporations, local publicly owned electric utilities, and electrical cooperatives, to develop a standard contract or tariff for net energy metering, as defined, for generation by a renewable electrical generation facility, as defined, and to make this contract or tariff available to eligible customer-generators, as defined, upon request on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer generators exceeds 5% of the electric utility’s aggregate customer peak demand. For a large electrical corporation, as defined, existing law requires the commission to have developed a 2nd standard contract or tariff to provide net energy metering to additional eligible customer-generators in the electrical corporation’s service territory and imposes no limitation on the number of new eligible customer-generators entitled to receive service pursuant to this 2nd standard contract or tariff. Existing law requires the commission to ensure that the 2nd standard contract or tariff made available to eligible customer-generators by large electrical corporations ensures that customer-sited renewable distributed generation continues to grow sustainably. Existing law requires the commission, in developing this standard contract or tariff, to include specific alternatives designed for growth among residential customers in disadvantaged communities.

Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified.

This bill would apply those public works project requirements to the construction of any renewable electrical generation facility, and any associated battery storage, after December 31, 2023, that would be eligible to receive receives service pursuant to the 2nd standard contract or tariff, except a residential facility that will have a maximum generating capacity of 15 kilowatts or less of electricity.

Existing law requires the commission to submit various reports to the Legislature, as specified.

This bill would require the commission, by June 30 of each year, to submit to the Legislature a report on the progress made to grow the use of distributed energy resources among residential customers in disadvantaged communities and a list, by census tract, in low-income households, and an aggregated list of all renewable electrical generation facilities that began to receive service pursuant to a net energy metering contract or tariff during the preceding calendar year, as specified.

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because the above-described provisions of this bill would be a part of the act and a violation of a commission action implementing the bill’s requirements would be a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 769.2 is added to the Public Utilities Code, to read:

769.2.

 (a) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, construction of any renewable electrical generation facility, and any associated battery storage, after December 31, 2023, that is eligible to receive 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 (b).

(b) 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.

SEC. 2.

 Section 913.13 is added to the Public Utilities Code, to read:

913.13.

 The commission shall annually include in the assessment submitted pursuant to Section 913.7 both of the following:

(a) A report on the progress made to grow the use of distributed energy resources among residential customers in disadvantaged communities. communities and in low-income households.

(b) A An aggregated list, by census tract, tract and ZIP Code, of all renewable electrical generation facilities, as defined in Section 2827, that began to receive service pursuant to a net energy metering contract or tariff during the preceding calendar year. year, including, but not limited to, median household income, home ownership, and racial composition, as applicable.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.