Thursday, May 1, 2025

Get Answers Within, Content Courtesy of California Public Utilities Commission's Solar-Utilities Reporting, Guidance, and Education (SURGE) Program


 

Content courtesy of SURGE

Have questions about AB 2143 and certified payroll submission? The SURGE Program is here to help! We've compiled a list of some of our most frequently asked questions for easy access. Check them out below:

What is defined as a Public Works Project under AB 2143?

• Under AB 2143/PUC 769.2, public works projects are described as follows:

§ 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 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). 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. See here for full text.

• For further context, of the definition of a public works project outside of the AB 2143/PUC 769.2 regulations, please consult Section 1720 definition of public works.

Are contractors required to submit certified payroll reports to the DIR (in addition to SURGE)?

• Yes. Pursuant to the applicable labor code provisions referenced in AB 2143 and PUC 769.2, contractors are required to upload certified payroll reports to the DIR via the eCPR portal. The DIR payroll submission is required in addition to the requirement that copies of certified payroll be uploaded to teh SURGE Compliance Portal by July 1st and December 31st. See Frequently Asked Questions about Prevailing Wage here.

How do I know what wage determination to use for these projects?

• Prevailing wage rates depend on the scope of work, location of the project, and bid advertised date of the project and can be found here.
• Per the Public Works Manual Section 3.2.4, if an awarding body does not advertise the public works project for bid, other benchmark events, including the first written memorialization of the agreement concerning the public works elements of project or the contract governing the award of public funds will be utilized instead.
• You may also visit the DIR's FAQ Page for more information on determining the prevailing wage rates.

Didn't see your question on the list? Check out our FAQ page on the SURGE website for a full list of all our frequently asked questions.

If you need further assistance, please contact the SURGE Support Team at info@cpucsurge.org or 1-800-549-2143.