Code Section Group

Public Utilities Code - PUC

DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3297]

  ( Division 1 enacted by Stats. 1951, Ch. 764. )

PART 1. PUBLIC UTILITIES ACT [201 - 2120]

  ( Part 1 enacted by Stats. 1951, Ch. 764. )

CHAPTER 2.3. Electrical Restructuring [330 - 400.3]

  ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. )

ARTICLE 9. State Agencies [388 - 388.2]
  ( Article 9 added by Stats. 1996, Ch. 854, Sec. 10. )

388.
  

(a) Notwithstanding any other provision of law, a state agency may enter into an energy savings contract with a qualified energy service company for the purchase or exchange of thermal or electrical energy or water, or to acquire energy efficiency or water conservation services, or both energy efficiency and water conservation services for a term not exceeding 35 years, at rates and upon those terms approved by the agency.

(b) The Department of General Services or any other state or local agency intending to enter into an energy savings contract or a contract for an energy retrofit project may establish a pool of qualified energy service companies based on qualifications, experience, pricing, or other pertinent factors. Energy service contracts for individual projects undertaken by any state or local agency may be awarded through a competitive selection process to individuals or firms identified in the pool. The pool of qualified energy service companies and contractors shall be reestablished at least every two years or shall expire.

(c) For purposes of this section, the following definitions apply:

(1) (A) “Energy retrofit project” means a project for which the state or local agency works with a qualified energy service company to identify, develop, design, and implement energy conservation measures in existing facilities to reduce energy or water use or make more efficient use of energy or water.

(B) “Energy retrofit project” does not include the erection or installation of a power generation system, a power purchase agreement, or a project utilizing a site license or lease agreement.

(2) “Energy savings” means a measured and verified reduction in fuel, energy, or water consumption when compared to an established baseline of consumption.

(3) “Qualified energy service company” means a company with a demonstrated ability to provide or arrange for building or facility energy auditors, selection and design of appropriate energy savings measures, project financing, implementation of these measures, and maintenance and ongoing measurement of these measures as to ensure and verify energy savings.

(Amended by Stats. 2016, Ch. 341, Sec. 7. (SB 840) Effective September 13, 2016.)

388.2.
  

(a) For purposes of this section, the following definitions apply:

(1) “Apprenticeable occupation” means an occupation for which the chief has approved an apprenticeship program pursuant to Section 3075 of the Labor Code before January 1, 2014.

(2) “Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations.

(3) “Department” means the Department of General Services.

(4) (A) “Energy retrofit project” means a project for which the state works with a qualified energy service company to identify, develop, design, and implement energy conservation measures in existing facilities to reduce energy or water use or make more efficient use of energy or water.

(B) “Energy retrofit project” does not include the erection or installation of a power generation system, a power purchase agreement, or a project utilizing a site license or lease agreement.

(5) “Energy savings” means a measured and verified reduction in fuel, energy, or water consumption when compared to an established baseline of consumption.

(6) “Enforceable commitment” means an enforceable agreement with the department or state agency that the entity and its subcontractors at every tier will comply with this section.

(7) (A) “Qualified energy service company” means a company with a demonstrated ability to provide or arrange for building or facility energy auditors, selection and design of appropriate energy savings measures, project financing, implementation of these measures, and maintenance and ongoing measurement of these measures as to ensure and verify energy savings.

(B) An entity is not a qualified energy service company unless the entity has provided to the agency an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades.

(8) “Skilled and trained workforce” means a workforce that meets all of the following conditions:

(A) All workers performing work in an apprenticeable occupation in the building and construction trades are either skilled journeypersons or apprentices in an apprenticeship program approved by the chief.

(B) (i) Except as provided in clause (ii), at least 60 percent of the skilled journeypersons employed to perform work on a contract or project by every contractor and each of its subcontractors at every tier are graduates of an apprenticeship program that was either approved by the chief pursuant to Section 3075 of the Labor Code, or an apprenticeship program located outside the state that is approved pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor, for the applicable occupation.

(ii) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief before January 1, 1995, up to one-half of the requirement in clause (i) may be satisfied by skilled journeypersons who commenced working in an apprenticeable occupation before the chief’s approval of an apprenticeship program in the county in which the project is located.

(iii) The requirements of this subparagraph are satisfied if, in a particular calendar month, either of the following is true:

(I) The percentage of the skilled journeypersons employed by the contractor or subcontractor to perform work on the contract or project is at least equal to 60 percent.

(II) For the hours of work performed by skilled journeypersons employed by the contractor or subcontractor on the contract or project, the percentage of hours performed by skilled journeypersons is at least equal to 60 percent.

(iv) This subparagraph does not apply to a contractor or subcontractor if, during the calendar month, the contractor or subcontractor employs skilled journeypersons to perform fewer than 10 hours of work on the contract or project.

(v) This subparagraph does not apply to a subcontractor if both of the following are true:

(I) The subcontractor is not a listed subcontractor in the investment grade audit or a substitute for a listed subcontractor.

(II) The subcontract does not exceed 1/2 of 1 percent of the price of the prime contract.

(9) “Skilled journeyperson” means a worker who is being paid at least the prevailing rate or per diem wages published by the Department of Industrial Relations for the occupation and geographic area and who either:

(A) Graduated from an apprenticeship program that was either approved by the chief pursuant to Section 3075 of the Labor Code, or an apprenticeship program located outside the state that is approved pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor, for the applicable occupation.

(B) Has at least as many hours of on-the-job training experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief.

(b) (1) The department or any other state agency intending to enter into an energy savings contract for an energy retrofit project may establish one or more pools of qualified energy services companies based on qualification, experience, pricing, or other pertinent factors. The department or state agency may select a qualified energy service company identified in the pool for a contract for a specific energy retrofit project on a rotational basis.

(2) The department or state agency has the exclusive authority to reject the plan or proposal of a qualified energy service company selected for an energy retrofit project pursuant to paragraph (1) and may continue the selection process until a satisfactory proposal is identified.

(c) (1) A qualified energy service company working on an energy retrofit project shall submit to the department or state agency, as appropriate, on a monthly basis, a report demonstrating compliance with this section.

(2) If the qualified energy service company fails to submit the monthly report or submits a report that is incomplete, the department or state agency, as appropriate, shall withhold further payments until a complete report is submitted.

(3) The monthly report is a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and shall be available for public inspection.

(d) Prior to performing an investment grade audit, the department or other state agency shall provide a public notification that includes the project location, assigned energy services company, and the appropriate contact information on the department’s Internet Web site.

(e) Subparagraph (B) of paragraph (7) of subdivision (a) and subdivision (c) do not apply if either of the following applies:

(1) The department or state agency, as appropriate, has entered into a project labor agreement, as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code, that will bind all contractors and subcontractors performing work on the project or contract and the entity agrees to be bound by that project labor agreement.

(2) The entity has entered into a project labor agreement, as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code, that will bind the entity and all contractors and subcontractors at every tier performing the project or contract.

(f) Subparagraph (B) of paragraph (7) of subdivision (a) and subdivision (c) do not apply to work performed by the California Conservation Corps that is nontrades and nonconstruction related.

(g) This section is not intended to waive other terms and conditions applicable to a state contract for an energy retrofit project.

(h) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

(Added by Stats. 2016, Ch. 341, Sec. 8. (SB 840) Effective September 13, 2016. Repealed as of January 1, 2020, by its own provisions.)

PUCPublic Utilities Code - PUC