BILL NUMBER: AB 966AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Baker FEBRUARY 26, 2015 An act to amend Section 1770 of the Labor Code, relating to public works. An act to amend Section 25782 of the Public Resources Code, relating to energy. LEGISLATIVE COUNSEL'S DIGEST AB 966, as amended, Baker. Public works: prevailing wage. California Solar Initiative: ratepayer funded incentives: conditions. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined. A decision of the PUC adopted the California Solar Initiative. Existing law requires the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake certain steps in implementing the California Solar Initiative. Existing law requires the Energy Commission, in consultation with the PUC, local publicly owned electric utilities, and interested members of the public, to establish and thereafter revise eligibility criteria for solar energy systems and to establish conditions for ratepayer funded incentives that are applicable to the California Solar Initiative. This bill would require, as a condition for ratepayer funded incentives, a ratepayer to submit to the Energy Commission a copy of the building permit required for the installation of the solar energy system, and, if no permit is required, would require the ratepayer to demonstrate that to the Energy Commission. Existing law requires the body awarding any contract for public work, or otherwise undertaking any public work, to obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. Existing law requires the Director of Industrial Relations to determine the general prevailing rate of per diem wages in accordance with specified standards. This bill would make technical, nonsubstantive changes to the that provision. Vote: majority. Appropriation: no. Fiscal committee: no yes . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25782 of the Public Resources Code is amended to read: 25782. (a) The commission shall, by January 1, 2008, in consultation with the Public Utilities Commission, local publicly owned electric utilities, and interested members of the public, establish eligibility criteria for solar energy systems receiving ratepayer funded incentives that include all of the following: (1) Design, installation, and electrical output standards or incentives. (2) The solar energy system is intended primarily to offset part or all of the consumer's own electricity demand. (3) All components in the solar energy system are new and unused, and have not previously been placed in service in any other location or for any other application. (4) The solar energy system has a warranty of not less than 10 years to protect against defects and undue degradation of electrical generation output. (5) The solar energy system is located on the same premises of the end-use consumer where the consumer's own electricity demand is located. (6) The solar energy system is connected to the electrical corporation's electrical distribution system within the state. (7) The solar energy system has meters or other devices in place to monitor and measure the system's performance and the quantity of electricity generated by the system. (8) The solar energy system is installed in conformance with the manufacturer's specifications and in compliance with all applicable electrical and building code standards. (b) The commission shall establish conditions on ratepayer funded incentives that require all of the following: (1) Appropriate siting and high quality installation of the solar energy system by developing installation guidelines that maximize the performance of the system and prevent qualified systems from being inefficiently or inappropriately installed. The conditions established by the commission shall not impact housing designs or densities presently authorized by a city, county, or city and county. The goal of this paragraph is to achieve efficient installation of solar energy systems to promote the greatest energy production per ratepayer dollar. (2) Optimal solar energy system performance during periods of peak electricity demand. (3) Appropriate energy efficiency improvements in the new or existing home or commercial structure where the solar energy system is installed. (4) Submission by the ratepayer to the commission of a copy of the building permit required for the installation of the solar energy system. If no permit is required for the installation, the ratepayer shall make a demonstration of that to the commission. (c) The commission shall set rating standards for equipment, components, and systems to assure reasonable performance and shall develop standards that provide for compliance with the minimum ratings. (d) Upon establishment of eligibility criteria pursuant to subdivision (a), no ratepayer funded incentives shall be made for a solar energy system that does not meet the eligibility criteria. SECTION 1. Section 1770 of the Labor Code is amended to read: 1770. The Director of Industrial Relations shall determine the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773. The director's determination in the matter shall be final except as provided in Section 1773.4. However, this article shall not prohibit the payment of more than the general prevailing rate of wages to any worker employed on a public work. This act shall not permit any overtime work in violation of Article 3 (commencing with Section 1810).