First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0488.01 Josh Schultz x5486
SENATE BILL 23-051
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING PREPARATION OF A SKILLED WORKFORCE FOR THE101
CHANGING NATURE OF WORK .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The office of future of work (OFW) was created in the department
of labor and employment (department) by executive order of the governor
in 2019 for the purpose of studying unemployment assistance. The bill
creates the OFW in statute and expands the duties of the OFW. The
purpose of the OFW is to:
! Identify opportunities for Colorado's communities to
SENATE SPONSORSHIP
Hinrichsen and Sullivan,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. transition effectively to emerging industries;
! Ensure the inclusion of key stakeholders and engage
partnerships across public and private sectors;
! Host, organize, and convene task forces, summits, and
other appropriate meetings with diverse stakeholders,
designed to improve the state's understanding of the social
and economic impacts of the changing nature of work;
! Explore ways that the state can prepare for current and
future impacts, including through the modernization of
worker benefits and protections, the development of a
skilled and resilient workforce through coordination of
registered apprenticeship programs, and the identification
of new policy and program solutions; and
! Undertake studies, research, and factual reports related to
issues of concern and importance to Colorado's future
workforce.
The executive director of the department is required to submit a
report to the governor, at least once per calendar year, that includes
recommendations for potential policy initiatives.
In 2021, House Bill 21-1007 created the state apprenticeship
agency (SAA) in the department. The bill amends Colorado statutes to
enable the United States department of labor's office of apprenticeship to
recognize Colorado's state apprenticeship agency and authorize the SAA
to register and oversee apprenticeship programs. To conform with
regulations promulgated by the United States secretary of labor under the
federal "National Apprenticeship Act", the bill:
! Modifies references to apprenticeships in Colorado
statutes;
! Changes the state apprenticeship council to the council for
apprenticeship in the building and construction trades; and
! Changes the interagency advisory committee on
apprenticeship to the council for apprenticeship in new and
emerging industries.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 15.8 to2
title 8 as follows:3
ARTICLE 15.84
Office of Future of Work5
8-15.8-101. Legislative declaration - intent. (1) T
HE GENERAL6
SB23-051-2- ASSEMBLY HEREBY:1
(a) F
INDS AND DETERMINES THAT:2
(I) C
OLORADO'S POLICYMAKERS FROM ALL BACKGROUNDS FACE3
SIGNIFICANT CHALLENGES IN RESPONDING TO THE RAPIDLY CHANGING4
NATURE OF WORK;5
(II) A
CHANGING GLOBAL ECONOMY , RAPIDLY EMERGING6
TECHNOLOGY, DEMOGRAPHIC CHANGES , NEW ECONOMY DEMANDS ,7
SHIFTING SKILL NEEDS, AND THE RISING COST OF EDUCATION , HEALTH8
CARE, AND HOUSING ARE JUST A FEW FACTORS LEADING TO LABOR9
DISRUPTIONS; AND10
(III) W
HILE THESE CHANGES HAVE BROUGHT IMMENSE ECONOMIC11
BENEFIT FOR SOME, THEY HAVE ALSO CONTRIBUTED TO STAGNANT WAGES ,12
DECLINING WORKER BENEFITS , WEAKENED WORKPLACE PROTECTIONS ,13
AND, IN SOME CASES, PERMANENT JOB LOSSES; AND14
(b) D
ECLARES THAT:15
(I) P
OLICYMAKERS, GOVERNMENT OFFICIALS , EMPLOYERS,16
EDUCATION AND TRAINING INSTITUTIONS , AND OTHER STAKEHOLDERS17
MUST:18
(A) W
ORK TOGETHER TO CREATE AN ECONOMY THAT HELPS19
WORKERS ADAPT TO THE NEW AND CHANGING JOB LANDSCAPE ; AND20
(B) U
SE ALL TOOLS AVAILABLE TO ENSURE THAT WORKERS AND21
EMPLOYERS WITHSTAND FUTURE JOB DISRUPTIONS CAUSED BY CHANGES22
IN TECHNOLOGY, TRADE, AND ORGANIZATIONAL STRUCTURE ; AND23
(II) C
OLORADO MUST UNDERSTAND , PREPARE FOR, AND DEVELOP24
EFFECTIVE STRATEGIES TO RESPOND TO THESE CHANGES .25
(2) I
T IS THE GENERAL ASSEMBLY'S INTENT THAT THE OFFICE OF26
FUTURE OF WORK WILL:27
SB23-051
-3- (a) SERVE AS THE CENTRAL POINT OF CONTACT FOR THE STATE 'S1
EFFORTS TO RESPOND TO THE RAPIDLY CHANGING NATURE OF WORK ;2
(b) I
NCREASE AWARENESS OF THE CHALLENGES ASSOCIATED WITH3
THE FUTURE OF WORK AND DEVELOP PRIORITIES TO FOCUS STATE4
RESOURCES ON MEETING THOSE CHALLENGES ;5
(c) C
ENTRALIZE RESPONSIBILITY AND ACCOUNTABILITY FOR6
RESEARCHING, ANALYZING, AND DEVELOPING RECOMMENDATIONS ON THIS7
ISSUE; AND8
(d) E
NCOURAGE AND CONVENE PARTICIPATION FROM A VARIETY9
OF SECTORS AND STAKEHOLDERS IN COLORADO'S ECONOMY.10
8-15.8-102. Definitions. A
S USED IN THIS ARTICLE 15.8, UNLESS11
THE CONTEXT OTHERWISE REQUIRES :12
(1) "D
EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND13
EMPLOYMENT CREATED IN SECTION 24-1-121.14
(2) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF15
THE DEPARTMENT.16
(3) "OFW"
MEANS THE COLORADO OFFICE OF FUTURE OF WORK17
CREATED IN SECTION 8-15.8-103.18
8-15.8-103. Colorado office of future of work - creation -19
powers and duties - report. (1) T
HERE IS CREATED IN THE DEPARTMENT20
THE OFFICE OF FUTURE OF WORK, THE HEAD OF WHICH IS THE DIRECTOR OF21
THE OFFICE OF FUTURE OF WORK.22
(2) T
HE OFW IS A TYPE 2 ENTITY, AS DEFINED IN SECTION23
24-1-105,
AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND24
FUNCTIONS UNDER THE DEPARTMENT .25
(3) I
T IS THE PURPOSE OF THE OFW TO:26
(a) I
DENTIFY OPPORTUNITIES FOR COLORADO'S COMMUNITIES TO27
SB23-051
-4- TRANSITION EFFECTIVELY TO EMERGING INDUSTRIES AND , WHERE1
APPROPRIATE, CONSULT WITH THE JUST TRANSITION OFFICE, CREATED IN2
SECTION 8-83-503, AND OTHER STATE AGENCIES TO ALIGN SUCH EFFORTS ;3
(b) E
NSURE THE INCLUSION OF KEY STAKEHOLDERS FROM ALL4
SECTORS AND ENGAGE PARTNERSHIPS ACROSS PUBLIC AND PRIVATE5
SECTORS, INCLUDING INDUSTRY, ACADEMIA, EMPLOYERS, EMPLOYEES,6
NONPROFIT ORGANIZATIONS, AND GOVERNMENT;7
(c) H
OST, ORGANIZE, AND CONVENE TASK FORCES, SUMMITS, AND8
OTHER APPROPRIATE MEETINGS WITH DIVERSE STAKEHOLDERS , DESIGNED9
TO IMPROVE THE STATE'S UNDERSTANDING OF THE SOCIAL AND ECONOMIC10
IMPACTS OF THE CHANGING NATURE OF WORK ;11
(d) E
XPLORE WAYS THAT THE STATE CAN PREPARE FOR CURRENT12
AND FUTURE IMPACTS, INCLUDING THROUGH THE MODERNIZATION OF13
WORKER BENEFITS AND PROTECTIONS , THE DEVELOPMENT OF A SKILLED14
AND RESILIENT WORKFORCE THROUGH COORDINATION OF REGISTERED15
APPRENTICESHIP PROGRAMS IN COLORADO, AND THE IDENTIFICATION OF16
NEW POLICY AND PROGRAM SOLUTIONS ; AND17
(e) A
S FUNDING ALLOWS, UNDERTAKE STUDIES, RESEARCH, AND18
FACTUAL REPORTS TO GATHER INSIGHT AND TO FORMULATE AND PRESENT19
RECOMMENDATIONS TO THE GOVERNOR , STATE AGENCIES, AND THE20
GENERAL ASSEMBLY RELATED TO ISSUES OF CONCERN AND IMPORTANCE21
TO COLORADO'S FUTURE WORKFORCE.22
8-15.8-104. Reports - recommendations. (1) T
HE OFW SHALL23
PERIODICALLY MAKE RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR24
TO MAKE ADJUSTMENTS TO THE SCOPE AND EXPECTED WORK PRODUCT OF25
THE OFW, AS NECESSARY, TO ADJUST TO CHANGING ECONOMIC26
CONDITIONS.27
SB23-051
-5- (2) AT LEAST ONCE EVERY CALENDAR YEAR BEGINNING IN 2023,1
THE EXECUTIVE DIRECTOR SHALL SUBMIT A REPORT TO THE GOVERNOR2
THAT INCLUDES RECOMMENDATIONS FOR POTENTIAL POLICY INITIATIVES .3
8-15.8-105. Funding for the office. T
HE GENERAL ASSEMBLY4
MAY APPROPRIATE MONEY FROM THE GENERAL FUND OR FROM ANY OTHER5
AVAILABLE SOURCE TO THE DEPARTMENT FOR ALLOCATION TO THE OFW6
FOR THE PURPOSES SPECIFIED IN THIS ARTICLE 15.8. THE OFW MAY SEEK,7
ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR8
PUBLIC SOURCES FOR THE PURPOSES OF THIS ARTICLE 15.8.9
SECTION 2. In Colorado Revised Statutes, repeal 8-77-110 as10
follows:11
8-77-110. Office of future work - study - report. (1) The office
12
of future work in the department of labor and employment, created by13
executive order B 2019 009, shall, within the scope of the executive14
order, study unemployment assistance as part of its study on the15
modernization of worker benefits and protections.16
(2) On or before January 15, 2021, the office of future work shall17
submit an initial report as directed by executive order B 2019 009 to the18
governor and to the business, labor, and technology committee of the19
senate and the business affairs and labor committee of the house of20
representatives, or their successor committees.21
SECTION 3. In Colorado Revised Statutes, 8-15.7-101, amend22
(2)(c), (3), (4), (6), (14), and (15); repeal (5), (10), and (17); and add23
(6.3), (6.5), (9.5), (12.5), and (13.5) as follows:24
8-15.7-101. Definitions. As used in this article 15.7, unless the25
context otherwise requires:26
(2) "Apprenticeable occupation" means an occupation specified27
SB23-051
-6- by an industry that involves the progressive attainment of skills,1
competencies, and knowledge that are:2
(c) Offered through a time-based, competency-based, or hybrid3
model that the director has determined meets the requirements of this4
article 15.7 and 29 CFR 29 and 30 CONFORMS WITH FEDERAL5
REGULATIONS.6
(3) "Apprenticeship agreement" means a written agreement7
between an apprentice and a sponsor
OR AN APPRENTICESHIP COMMITTEE8
ACTING AS AGENT FOR THE SPONSOR , IN CONFORMITY WITH FEDERAL9
REGULATIONS.10
(4) "Apprenticeship program" means a program that:
11
(a) Is established by a sponsor for training individuals for one or12
more apprenticeable occupations;13
(b) Combines on-the-job training and related instruction according14
to the specifications established by federal law and this article 15.7 A15
PLAN CONTAINING ALL TERMS AND CONDITIONS FOR THE QUALIFICATION ,16
RECRUITMENT, SELECTION, EMPLOYMENT, AND TRAINING OF APPRENTICES17
THAT MEETS THE REQUIREMENTS OF THIS ARTICLE 15.7 AND CONFORMS18
WITH FEDERAL REGULATIONS , INCLUDING THE REQUIREMENT FOR A19
WRITTEN APPRENTICESHIP AGREEMENT .20
(5) "Certificate of completion" means a certificate awarded to an21
apprentice in recognition of the successful completion of an22
apprenticeship program.23
(6) "Certificate of registration" means a document issued by the24
SAA to a sponsor that indicates that the sponsor's apprenticeship program25
is registered pursuant to this article 15.7 DOCUMENTATION THAT A26
REGISTRATION AGENCY HAS REGISTERED AN APPRENTICESHIP PROGRAM27
SB23-051
-7- PURSUANT TO THIS ARTICLE 15.7 AND IN CONFORMITY WITH FEDERAL1
REGULATIONS, AS EVIDENCED BY A CERTIFICATE OF REGISTRATION OR2
OTHER WRITTEN DOCUMENTATION .3
(6.3) "C
OUNCIL FOR APPRENTICESHIP IN NEW AND EMERGING4
INDUSTRIES" OR "CANEI" MEANS THE COUNCIL FOR APPRENTICESHIP IN5
IN NEW AND EMERGING INDUSTRIES CREATED IN SECTION 8-15.7-104.6
(6.5) "C
OUNCIL FOR APPRENTICESHIP IN THE BUILDING AND7
CONSTRUCTION TRADES " OR "CABCT" MEANS THE COUNCIL FOR8
APPRENTICESHIP IN THE BUILDING AND CONSTRUCTION TRADES CREATED9
IN SECTION 8-15.7-103.10
(9.5) "F
EDERAL REGULATIONS " MEANS THE REGULATIONS11
PROMULGATED BY THE UNITED STATES SECRETARY OF LABOR UNDER THE12
"N
ATIONAL APPRENTICESHIP ACT", 29 U.S.C. SEC. 50.13
(10) "Interagency advisory committee on apprenticeship" or
14
"IAC" means the interagency advisory committee on apprenticeship15
created in section 8-15.7-104.16
(12.5) "R
ECOGNIZED STATE APPRENTICESHIP AGENCY " MEANS THE17
STATE APPRENTICESHIP AGENCY, IF RECOGNIZED BY THE UNITED STATES18
DEPARTMENT OF LABOR, OR ANY OTHER STATE APPRENTICESHIP AGENCY19
RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR AS THE20
APPRENTICESHIP AGENCY FOR THE STATE .21
(13.5) "R
EGISTRATION AGENCY" MEANS THE UNITED STATES22
DEPARTMENT OF LABOR'S OFFICE OF APPRENTICESHIP OR A RECOGNIZED23
STATE APPRENTICESHIP AGENCY .24
(14) "Registration of an apprenticeship program" or
"Registration25
of apprenticeship programs" means the registration by the SAA of an26
apprentice program that meets the basic standards and requirements27
SB23-051
-8- established pursuant to this article 15.7 for purposes of meeting federal1
requirements, as evidenced by a certificate of registration ACCEPTANCE2
AND RECORDING OF AN APPRENTICESHIP PROGRAM BY THE UNITED STATES3
DEPARTMENT OF LABOR'S OFFICE OF APPRENTICESHIP, OR REGISTRATION4
OR APPROVAL BY A RECOGNIZED STATE APPRENTICESHIP AGENCY IN5
CONFORMITY WITH FEDERAL REGULATIONS . APPROVAL IS EVIDENCED BY6
A CERTIFICATE OF REGISTRATION OR OTHER WRITTEN DOCUMENTATION .7
(15) "Sponsor" means: an employer, a joint labor-management8
organization, a trade association, a professional association, a labor9
organization, an education and training provider, or a qualified10
intermediary that is applying to register an apprenticeship program.11
(a) A
NY PERSON, ASSOCIATION, COMMITTEE, OR ORGANIZATION12
OPERATING AN APPRENTICESHIP PROGRAM AND IN WHOSE NAME THE13
PROGRAM IS REGISTERED OR APPROVED ; OR14
(b) A
NY PERSON, ASSOCIATION, COMMITTEE, OR ORGANIZATION15
THAT IS OPERATING AN APPRENTICESHIP PROGRAM AND IS APPLYING TO16
HAVE THE APPRENTICESHIP PROGRAM REGISTERED OR APPROVED IN ITS17
NAME.18
(17) "State apprenticeship council" or "SAC" means the state
19
apprenticeship council created in section 8-15.7-103.20
SECTION 4. In Colorado Revised Statutes, 8-15.7-102, amend21
(1) and (4); and add (5) as follows:22
8-15.7-102. State apprenticeship agency - created - director -23
powers and duties - rules. (1) There is hereby created in the department24
the state apprenticeship agency. The executive director shall appoint a25
director of the SAA. The SAA shall:26
(a) Serve as the primary point of contact with the United States27
SB23-051
-9- department of labor's office of apprenticeship;1
(b) Accelerate new apprenticeship program growth on a2
geographically diverse basis, especially in high-demand occupations,3
while ensuring quality standards;4
(c) Encourage the development of and assist in the establishment5
of apprenticeship programs and promote enrollment in apprenticeship6
programs by providing technical and compliance assistance to sponsors,7
apprentices, and apprenticeship programs and ensuring program8
compliance with apprenticeship standards PROVIDE ADMINISTRATIVE9
SUPPORT TO THE CABCT AND THE CANEI IN CARRYING OUT THEIR10
DUTIES;11
(d) Register and oversee apprenticeship programs and12
apprenticeship agreements WORK IN PARTNERSHIP WITH RELEVANT STATE13
AGENCIES TO REDUCE DUPLICATION OF POST -SECONDARY PROGRAM14
APPROVAL;15
(e) Issue certificates of registration to existing apprenticeship16
programs SEEK RECOGNITION BY THE UNITED STATES DEPARTMENT OF17
LABOR AND OPERATE THE SAA IN CONFORMITY WITH FEDERAL18
REGULATIONS; AND19
(f) Issue certificates of registration to sponsors of apprenticeship20
programs; COORDINATE THE REGISTERED APPRENTICESHIP PROGRAMS21
WITH COLORADO'S ECONOMIC DEVELOPMENT STRATEGIES AND PUBLICLY22
FUNDED WORKFORCE INVESTMENT SYSTEM .23
(g) Determine required standards for registration of an24
apprenticeship program;25
(h) Perform quality assurance assessments;26
(i) Approve the appropriate implementation of an apprenticeship27
SB23-051
-10- program;1
(j) Maintain adequate records concerning registration2
requirements, approved program standards, the apprentices in each3
registered apprenticeship program, deregistration actions, compliance4
reviews and investigations, and any other matters stipulated by the United5
States department of labor's office of apprenticeship that are pertinent to6
compliance by apprenticeship programs with the requirements of this7
article 15.7;8
(k) Monitor and evaluate apprenticeship programs' performance9
and compliance with federal and state standards and report to the SAC10
and the IAC on the outcome of quality assurance assessments;11
(l) Complete deregistration of apprenticeship programs that do not12
meet the requirements of this article 15.7;13
(m) Review apprenticeship programs for reinstatement of14
registration;15
(n) Submit an equal employment opportunity in apprenticeship16
state plan to the United States department of labor's office of17
apprenticeship;18
(o) Create a policy of reciprocity with other states to ensure the19
registration of apprenticeship programs;20
(p) Award certificates of completion and monitor apprentices with21
active status, apprenticeship completions, and the ongoing operation of22
registered apprenticeship programs;23
(q) Provide administrative support to the SAC and the IAC in24
carrying out their duties; and25
(r) Work in partnership with relevant state agencies to reduce26
duplication of post-secondary program approval.27
SB23-051
-11- (4) The director may promulgate rules as necessary to implement1
this article 15.7, including rules affecting the registration, performance,2
and legal compliance of apprenticeship programs WHICH RULES MUST3
CONFORM WITH FEDERAL REGULATIONS .4
(5) (a) T
HE DIRECTOR MAY:5
(I) A
PPROVE THE REGISTRATION OF APPRENTICESHIP PROGRAMS IN6
CONFORMITY WITH FEDERAL REGULATIONS ; AND7
(II) A
PPROVE THE DEREGISTRATION OF APPRENTICESHIP8
PROGRAMS AT THE REQUEST OF THE SPONSOR OR AFTER A HEARING9
PURSUANT TO SECTION 8-15.7-107.10
(b) T
HE DETERMINATION OF THE DIRECTOR IS A FINAL AGENCY11
ACTION THAT IS SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION12
24-4-106.13
SECTION 5. In Colorado Revised Statutes, 8-15.7-103, amend14
(1), (2)(a) introductory portion, (2)(a)(II) introductory portion, (2)(c),15
(2)(f) introductory portion, (2)(f)(I), (2)(g), and (3) as follows:16
8-15.7-103. Council for apprenticeship in the building and17
construction trades - created - members - powers and duties. (1) The18
director shall establish the state apprenticeship council
COUNCIL FOR19
APPRENTICESHIP IN THE BUILDING AND CONSTRUCTION TRADES to oversee20
registered apprenticeship programs for the building and construction21
trades in the state.22
(2) (a) The SAC CABCT consists of sixteen members appointed23
as follows:24
(II) The governor shall appoint seven nonvoting, ex officio25
members to serve on the SAC CABCT and the IAC CANEI as follows:26
(c) The director shall appoint one member of the SAC CABCT to27
SB23-051
-12- serve as the chair for a term of two years. A chair may be appointed to1
serve no more than two full terms.2
(f) The SAC CABCT:3
(I) Shall meet at least quarterly and at the request of the director4
as needed to accomplish the objectives of the SAC CABCT;5
(g) No member of the SAC CABCT may receive any6
compensation from an apprenticeship program.7
(3) For the building and construction trades, the SAC CABCT8
shall:9
(a) Register with and maintain the standards of the United States10
department of labor's office of apprenticeship and develop minimum11
standards for registration of apprenticeship programs ADVISE THE SAA12
ON THE MINIMUM STANDARDS FOR REGISTRATION OF APPRENTICESHIP13
PROGRAMS;14
(b) Resolve conflicts and complaints that arise between parties to15
an apprenticeship agreement when a conflict exists, after the conflict has16
been addressed by local entities charged with this function under the17
relevant apprenticeship program standards and the SAA ADVISE THE SAA18
ON STATE PLANS, RULES, AND ADMINISTRATIVE PROCEDURES PERTINENT19
TO THE OPERATION OF APPRENTICESHIP PROGRAMS AND EQUAL20
EMPLOYMENT OPPORTUNITIES IN APPRENTICESHIPS ;21
(c) Review program performance standards and make findings of22
fact and decisions on enforcement actions based on each review SUPPORT23
THE SAA IN COMMUNICATIONS, TECHNICAL ASSISTANCE, AND PROMOTING24
PROMISING PRACTICES IN REGISTERED APPRENTICESHIP PROGRAMS ; AND25
(d) Recommend additions and changes concerning rules about26
apprenticeship programs to the director; PROVIDE AN ANNUAL REPORT TO27
SB23-051
-13- THE EXECUTIVE DIRECTOR WITH APPRENTICESHIP DATA DISAGGREGATED1
BY AGE, RACE, GENDER, VETERAN STATUS, DISABILITY, AND INDUSTRY.2
(e) Provide technical and professional guidance for identifying3
and promoting best practices in registered apprenticeship programs;4
(f) Develop administrative policies that ensure the safety and5
quality of registered apprenticeship programs and address, as warranted,6
the related needs of Colorado's businesses, the labor workforce, and7
communities;8
(g) Provide an annual report to the executive director with9
apprenticeship data disaggregated by age of population, race, gender,10
veteran status, disability, and industry;11
(h) Advise the SAA regarding effective performance of the SAC's12
assigned functions; and13
(i) Formulate policies for the building and construction trades as14
may be necessary to carry out the purposes of this article 15.7.15
SECTION 6. In Colorado Revised Statutes, 8-15.7-104, amend16
(1), (2)(a) introductory portion, (2)(a)(II), (2)(b)(III), (2)(e) introductory17
portion, (2)(e)(I), (2)(f), and (3) as follows:18
8-15.7-104. Council for apprenticeship in new and emerging19
industries - created - members - powers and duties. (1) The director20
shall establish the interagency advisory committee on apprenticeship21
COUNCIL FOR APPRENTICESHIP IN NEW AND EMERGING INDUSTRIES to22
oversee apprenticeship programs that are not within the jurisdiction of the23
SAC CABCT.24
(2) (a) The IAC CANEI consists of fourteen members appointed25
as follows:26
(II) The governor shall appoint the six nonvoting, ex officio27
SB23-051
-14- members, one of whom is a representative of the department of higher1
education, and five of whom are appointed pursuant to section 8-15.7-1032
(2)(a)(II), to the IAC CANEI.3
(b) (III) The director shall appoint one member of the IAC CANEI4
to serve as the chair for a term of two years. A chair may be appointed to5
serve no more than two full terms.6
(e) The IAC CANEI:7
(I) Shall meet at least quarterly and at the request of the director8
as needed to accomplish the objectives of the IAC CANEI;9
(f) No member of the IAC CANEI may receive any compensation10
from an apprenticeship program.11
(3) For all apprenticeships that are not within the building and12
construction trades and not under the jurisdiction of the SAC CABCT, the13
IAC CANEI shall:14
(a) Register with and maintain the standards of the United States15
department of labor's office of apprenticeship and develop minimum16
standards for registration of apprenticeship programs ADVISE THE SAA17
ON THE MINIMUM STANDARDS FOR REGISTRATION OF APPRENTICESHIP18
PROGRAMS;19
(b) Resolve conflicts and complaints that arise between parties to20
an apprenticeship agreement when a conflict exists, after the conflict has21
been addressed by local entities charged with this function under the22
relevant apprenticeship program standards and the SAA ADVISE THE SAA23
ON STATE PLANS, RULES, AND ADMINISTRATIVE PROCEDURES PERTINENT24
TO THE OPERATION OF APPRENTICESHIP PROGRAMS AND EQUAL25
EMPLOYMENT OPPORTUNITIES IN APPRENTICESHIPS ;26
(c) Review program performance standards and make findings of27
SB23-051
-15- fact and decisions on enforcement actions based on each review SUPPORT1
THE SAA IN COMMUNICATIONS, TECHNICAL ASSISTANCE, AND PROMOTING2
PROMISING PRACTICES IN REGISTERED APPRENTICESHIP PROGRAMS ; AND3
(d) Recommend additions and changes concerning rules about4
apprenticeship programs to the director; PROVIDE AN ANNUAL REPORT TO5
THE EXECUTIVE DIRECTOR WITH APPRENTICESHIP DATA DISAGGREGATED6
BY AGE, RACE, GENDER, VETERAN STATUS, DISABILITY, AND INDUSTRY.7
(e) Provide technical and professional guidance for identifying8
and promoting best practices in registered apprenticeship programs;9
(f) Develop administrative policies that ensure the safety and10
quality of registered apprenticeship programs and address, as warranted,11
the related needs of Colorado's businesses, the labor workforce, and12
communities;13
(g) Provide an annual report to the executive director with14
apprenticeship data disaggregated by age of population, race, gender,15
veteran status, disability, and industry;16
(h) Advise the SAA regarding effective performance of the IAC's17
assigned functions; and18
(i) Formulate policies for the industries within the IAC's19
jurisdiction as may be necessary to carry out the purposes of this article20
15.7.21
SECTION 7. In Colorado Revised Statutes, 8-15.7-105, amend22
(1), (2), and (4) introductory portion as follows:23
8-15.7-105. Joint resolution committee of the CABCT and24
CANEI - created - members - powers and duties. (1) The chairs of the25
SAC CABCT and the IAC CANEI shall establish an ad hoc joint26
resolution committee of the SAC CABCT and IAC CANEI, referred to27
SB23-051
-16- in this section as the "ad hoc committee". The ad hoc committee consists1
of two members from both the IAC CANEI and the SAC CABCT2
appointed by the director. The ad hoc committee shall resolve conflicts3
that arise between the SAC CABCT and the IAC CANEI and shall define4
the jurisdiction of the SAC CABCT and the IAC CANEI.5
(2) The ad hoc committee of the SAC CABCT and the IAC6
CANEI shall:7
(a) Publish a statement defining the SAC's CABCT'S jurisdiction8
of the building and construction trades, and update the statement9
periodically as necessary as determined by the ad hoc committee; and10
(b) Resolve conflicts and complaints that arise between the SAC11
CABCT and the IAC CANEI as determined by the ad hoc committee.12
(4) The SAC CABCT has jurisdiction over apprenticeship13
programs for occupations in the building and construction trades. For14
purposes of this section, occupations are in the building and construction15
trades if either:16
SECTION 8. In Colorado Revised Statutes, 8-15.7-106, amend17
(1), (2), (3)(a), and (3)(b)(III) as follows:18
8-15.7-106. Application for registration of apprenticeship19
programs - diversity initiatives - deregistration - rules. (1) On and20
after July 1, 2023 WITHIN THIRTY DAYS AFTER THE UNITED STATES21
DEPARTMENT OF LABOR RECOGNIZES THE SAA, the SAA shall accept22
applications for the registration of apprenticeship programs pursuant to23
29 CFR 29 and 30 IN CONFORMITY WITH FEDERAL REGULATIONS .24
(2) Each apprenticeship program that registers with the SAA shall25
adopt a written diversity recruitment plan that ensures equal opportunity26
in the recruitment, selection, employment, and training of apprentices.27
SB23-051
-17- The recruitment plan must include the adoption of COMPLY WITH federal1
regulations concerning equal employment. under 29 CFR 29 and 30. The2
SAA shall ensure compliance with the federal regulations by filing the3
FILE A COMPLIANT equal employment opportunity in apprenticeship state4
plan pursuant to section 8-15.7-102 (1)(n) IN CONFORMITY WITH FEDERAL5
REGULATIONS.6
(3) (a) The SAA may deregister an apprenticeship program at the7
request of the sponsor or, after a hearing pursuant to section 8-15.7-1078
IN CONFORMITY WITH FEDERAL REGULATIONS , for noncompliance with9
this article 15.7 pursuant to conditions and rules established by the SAA.10
(b) Any apprenticeship program deregistered for noncompliance11
with this article 15.7 or any rules promulgated pursuant to this article 15.712
may present evidence to the SAA that the program is compliant. The13
apprenticeship program's registration may be reinstated:14
(III) If the apprenticeship program is prepared to immediately15
enroll one or more apprentices.16
SECTION 9. In Colorado Revised Statutes, repeal and reenact,17
with amendments, 8-15.7-107 as follows:18
8-15.7-107. Hearings. (1) T
HE SAA SHALL CONDUCT HEARINGS19
FOR THE PURPOSE OF RESOLVING COMPLIANCE ISSUES OR DEREGISTRATION20
ISSUES WITH A REGISTERED APPRENTICESHIP PROGRAM IN CONFORMITY21
WITH FEDERAL REGULATIONS .22
(2) T
HE DETERMINATION OF THE SAA IS A FINAL AGENCY ACTION23
THAT IS SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION 24-4-106.24
(3) S
PONSORS MAY APPEAL TO THE UNITED STATES DEPARTMENT25
OF LABOR'S OFFICE OF APPRENTICESHIP FOR A FINAL DETERMINATION IN26
CONFORMITY WITH FEDERAL REGULATIONS .27
SB23-051
-18- SECTION 10. In Colorado Revised Statutes, 8-15.7-108, amend1
(1) introductory portion and (1)(d) as follows:2
8-15.7-108. Rules. (1) The director may promulgate rules to3
implement this article 15.7, including WHICH RULES MUST CONFORM WITH4
FEDERAL REGULATIONS. THE RULES MAY INCLUDE, BUT ARE NOT LIMITED5
TO, rules that address:6
(d) Grievance procedures for complaints not under the jurisdiction7
of the United States equal employment opportunity commission,8
including complaints concerning apprentices not moving through an9
apprenticeship program in a timely manner and insufficient on-the-job10
training LEARNING or classroom time.11
SECTION 11. In Colorado Revised Statutes, 8-14.3-202, amend12
(2) as follows:13
8-14.3-202. Definitions. As used in this part 2, unless the context14
otherwise requires:15
(2) "Apprenticeship" means an apprenticeship training program16
registered with the United States department of labor's office of17
apprenticeship or a state apprenticeship program AGENCY recognized by18
the United States department
OF labor.19
SECTION 12. In Colorado Revised Statutes, 8-73-108, amend20
(4)(f)(I)(E) as follows:21
8-73-108. Benefit awards - definitions. (4) Full award. An22
individual separated from a job must be given a full award of benefits if23
the division determines that any of the following reasons and pertinent24
related conditions exist. The determination of whether or not the25
separation from employment must result in a full award of benefits is the26
responsibility of the division. The following reasons must be considered,27
SB23-051
-19- along with any other factors that may be pertinent to such determination:1
(f) (I) Due to the particular nature of the building and construction2
industry, construction workers who quit a construction job to accept a3
different construction job in any of the following circumstances:4
(E) Quitting a job outside the worker's regular apprenticeable5
trade to return to work in his or her THE WORKER'S regular apprenticeable6
trade. For purposes of this paragraph (f) AS USED IN THIS SUBSECTION7
(4)(f), a "regular apprenticeable trade" is MEANS a skilled trade or8
occupation in the construction industry in which, by longstanding and9
recognized practice of a significant segment of the industry, a worker10
generally must complete a period of apprenticeship or training pursuant11
to a joint apprenticeship or other apprenticeship program which THAT is12
in accordance with requirements for programs registered with the federal13
government
OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE14
U
NITED STATES DEPARTMENT OF LABOR . A worker may have more than15
one regular apprenticeable trade.16
SECTION 13. In Colorado Revised Statutes, 8-83-502, amend17
(5)(d) as follows:18
8-83-502. Definitions. As used in this part 5, unless the context19
otherwise requires:20
(5) "Eligible entity" means the following entities that serve a coal21
transition community and that may apply for a grant:22
(d) An apprenticeship program that is registered with the United23
States department of labor or a state apprenticeship council
AGENCY24
RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR ;25
SECTION 14. In Colorado Revised Statutes, 8-83-504.5, amend26
(1)(a)(III)(A) as follows:27
SB23-051
-20- 8-83-504.5. Additional coal transition workforce assistance1
program funding - coal transition workforce assistance program2
account. (1) (a) (III) Subject to annual appropriation by the general3
assembly, the department shall expend money from the account for coal4
transition workforce assistance programs that directly assist coal5
transition workers or their family members and other household members,6
including programs that:7
(A) Establish or expand existing apprenticeship programs, the8
training capacity of such programs, and the placement of coal transition9
workers into such programs, prioritizing programs that are recognized as10
registered apprenticeship programs by the department or are11
industry-recognized apprenticeship programs that satisfy United States12
department of labor requirements for such programs A STATE13
APPRENTICESHIP AGENCY RECOGNIZED BY THE UNITED STATES14
DEPARTMENT OF LABOR;15
SECTION 15. In Colorado Revised Statutes, 8-83-601, amend16
(7) as follows:17
8-83-601. Definitions. As used in this part 6:18
(7) "Office" means the office of future
OF work described
19
CREATED in section 8-77-110 8-15.8-103.20
SECTION 16. In Colorado Revised Statutes, 12-115-115, amend21
(3)(c) as follows:22
12-115-115. Apprentices - supervision - registration -23
discipline - rules. (3) (c) By January 1, 2022, and by January 1 each24
year, thereafter, an electrical contractor, an apprenticeship program25
registered with the United States department of labor's employment and26
training administration OFFICE OF APPRENTICESHIP , and a state27
SB23-051
-21- apprenticeship council AGENCY recognized by the United States1
department of labor that employs an apprentice in this state shall report2
to the board the name and contact information of each apprentice in the3
apprenticeship program and the cumulative number of practical training4
hours and certified classroom hours each apprentice has completed5
toward the journeyman electrician licensure requirements specified in6
section 12-115-110. The board shall keep the information reported7
pursuant to this subsection (3)(c) confidential from all parties other than8
from the apprentice through the apprentice's individual registration9
account. The department of regulatory agencies shall, if existing10
resources are available or if the department receives gifts, grants, or11
donations pursuant to subsection (7) of this section, indicate whether the12
apprentice has completed the required practical training hours and13
classroom hours in the department of regulatory agency's online14
apprenticeship directory.15
SECTION 17. In Colorado Revised Statutes, 12-155-124, amend16
(3) and (6) as follows:17
12-155-124. Apprentices - rules. (3) By July 1, 2022, and by18
July 1 each year, thereafter, a registered plumbing contractor, an19
apprenticeship program registered with the United States department of20
labor's employment and training administration OFFICE OF21
APPRENTICESHIP, and a state apprenticeship council AGENCY recognized22
by the United States department of labor that employs a plumbing23
apprentice in this state shall report to the board the name and contact24
information of each plumbing apprentice in the apprenticeship program25
and the cumulative number of practical training hours each plumbing26
apprentice has completed toward the licensure requirements specified in27
SB23-051
-22- section 12-155-110. The board shall keep the information reported1
pursuant to this subsection (3) confidential from all parties other than2
from the plumbing apprentice through the plumbing apprentice's3
individual registration account. The department of regulatory agencies4
shall, if existing resources are available or if the department receives5
gifts, grants, or donations pursuant to subsection (8) of this section,6
indicate whether the plumbing apprentice has completed the required7
practical training hours in the department of regulatory agencies' online8
apprenticeship directory.9
(6) A registered plumbing contractor, an apprenticeship program10
registered with the United States department of labor's employment and11
training administration OFFICE OF APPRENTICESHIP , and a state12
apprenticeship council AGENCY recognized by the United States13
department of labor shall remove each plumbing apprentice that is no14
longer employed as an apprentice from the apprenticeship program and15
annually notify the board of the termination of the employment.16
SECTION 18. In Colorado Revised Statutes, 22-35-103, amend17
(1) as follows:18
22-35-103. Definitions. As used in this article 35, unless the19
context otherwise requires:20
(1) "Apprenticeship program" means a Colorado-based21
apprenticeship program that is registered with the United States22
department of labor's office of apprenticeship or a state apprenticeship23
program AGENCY recognized by the United States department of labor.24
SECTION 19. In Colorado Revised Statutes, 22-54-138, amend25
(1)(b) and (1)(c)(II) as follows:26
22-54-138. Career development success program - created -27
SB23-051
-23- funding - report - legislative declaration - definitions - repeal. (1) As1
used in this section, unless the context otherwise requires:2
(b) "Construction industry apprenticeship program" means an3
apprenticeship program registered with the office of apprenticeship in the4
United States department of labor or a state apprenticeship program5
AGENCY recognized by the United States department of labor that trains6
individuals for careers in the construction industry.7
(c) "Construction industry pre-apprenticeship program" means a8
program or set of strategies that:9
(II) Has a documented relationship with at least one10
apprenticeship program registered with the office of apprenticeship in the11
United States department of labor or a state apprenticeship program12
AGENCY recognized by the United States department of labor; and13
SECTION 20. In Colorado Revised Statutes, 24-1-121, add14
(3)(m) as follows:15
24-1-121. Department of labor and employment - creation.16
(3) The department of labor and employment consists of the following17
divisions and programs:18
(m) T
HE OFFICE OF FUTURE OF WORK, THE HEAD OF WHICH IS THE19
DIRECTOR OF THE OFFICE OF FUTURE OF WORK , CREATED IN SECTION20
8-15.8-103.
THE OFFICE OF FUTURE OF WORK AND THE OFFICE'S DIRECTOR21
ARE TYPE 2 ENTITIES, AS DEFINED IN SECTION 24-1-105, AND EXERCISE22
THEIR POWERS AND PERFORM THEIR DUTIES AND FUNCTIONS SPECIFIED BY23
LAW UNDER THE DEPARTMENT OF LABOR AND EMPLOYMENT .24
SECTION 21. In Colorado Revised Statutes, 24-46.3-103, repeal25
(3)(a)(VIII) as follows:26
24-46.3-103. Key industries talent pipeline working group.27
SB23-051
-24- (3) (a) In doing the work specified in subsection (2) of this section, the1
state council, in partnership with the department of higher education, the2
department of education, the department of labor and employment, and3
the Colorado office of economic development, shall coordinate the4
production of an annual Colorado talent report. In preparing the annual5
Colorado talent report, the state council, the departments, and the office6
may use previously collected data and are not required to collect new data7
for the purposes of the report. The talent report shall:8
(VIII) Include the report and recommendations from the9
department of labor and employment regarding pre-apprenticeship and10
apprenticeship in Colorado, prepared as required by section 8-15-101,11
C.R.S.; and12
SECTION 22. In Colorado Revised Statutes, 24-46.3-104,13
amend (2)(a); and add (2)(b.5) as follows:14
24-46.3-104. Career pathways - design - legislative declaration15
- definitions. (2) As used in this section, unless the context otherwise16
requires:17
(a) "Apprenticeship" means a registered apprenticeship program18
with a written plan that is designed to move an apprentice from a low- or19
no-skill entry-level position to full occupational proficiency. The program20
must comply with the parameters established under the "National21
Apprenticeship Act", 29 U.S.C. sec. 50, as amended, and its promulgating22
regulations
PROMULGATED UNDER THE ACT , and MUST BE administered by23
the United State's
STATES department of labor's office of apprenticeship24
or must be a state apprenticeship program AGENCY recognized by the25
United States department of labor. An individual business, an employer26
association, or a labor organization sponsors a registered apprenticeship.27
SB23-051
-25- Upon finishing a training program, the apprentice earns a "completion of1
registered apprenticeship" certificate, which is an industry-issued and2
nationally recognized credential that validates proficiency in an3
apprenticeable occupation, or is awarded a certificate of completion.4
pursuant to article 15.7 of title 8.5
(b.5) "C
ERTIFICATE OF COMPLETION " MEANS A CERTIFICATE6
AWARDED TO AN APPRENTICE IN RECOGNITION OF THE SUCCESSFUL7
COMPLETION OF AN APPRENTICESHIP PROGRAM .8
SECTION 23. In Colorado Revised Statutes, 24-46.3-301,9
amend (1) as follows:10
24-46.3-301. Definitions. As used in this part 3, unless the11
context otherwise requires:12
(1) "Apprenticeship program" means a Colorado-based13
apprenticeship training program that is registered with the office of14
apprenticeship in the United States department of labor or a state15
apprenticeship program
AGENCY recognized by the United States16
department of labor.17
SECTION 24. In Colorado Revised Statutes, 24-46.3-503,18
amend (5)(a)(II) and (5)(b) as follows:19
24-46.3-503. Strengthening photovoltaic and renewable20
careers (SPARC) workforce development program - creation - use of21
funds. (5) (a) SPARC program activities or expenditures authorized22
pursuant to this part 5 must not:23
(II) Circumvent any established industry standard for on-the-job24
training requirements or classroom education requirements of the25
established Colorado apprenticeship programs registered through the26
United States department of labor LABOR'S office of apprenticeship27
SB23-051
-26- training or a state apprenticeship council AGENCY recognized by that1
office.2
(b) To the extent possible, the SPARC program must support3
activities that support participation in Colorado apprenticeship programs4
registered through the United States department of labor LABOR'S office5
of apprenticeship training or a state apprenticeship council AGENCY6
recognized by that office and prioritize programs that seek to help7
workers attain a professional credential, an industry standard certification,8
or a professional license.9
SECTION 25. In Colorado Revised Statutes, 24-46.3-702,10
amend (2) as follows:11
24-46.3-702. Definitions. As used in this part 7, unless the12
context otherwise requires:13
(2) "Apprenticeship sponsor" means an employer, association,14
committee, or organization that operates an apprenticeship program15
registered with the United States department of labor LABOR'S OFFICE OF16
APPRENTICESHIP OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY17
THAT OFFICE.18
SECTION 26. In Colorado Revised Statutes, 24-92-103.5,19
amend (3)(g) as follows:20
24-92-103.5. Construction of public projects - invitation for21
best value bids. (3) The invitation for competitive sealed best value bids22
must identify the evaluation factors upon which the award will be made.23
When making the award determination, the responsible officer shall24
evaluate the factors specified in the invitation for bids and shall not25
evaluate any other factors other than those specified in the invitation for26
bids. The factors that must be included in the invitation for bids and that27
SB23-051
-27- the responsible officer shall consider include, but need not be limited to:1
(g) The bidder's job standards, including the bidder's method of2
personnel procurement, employment of Colorado workers, workforce3
development and long-term career opportunities of workers, the4
availability of training programs, including apprenticeships approved5
REGISTERED by the United States department of labor LABOR'S OFFICE OF6
APPRENTICESHIP OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY7
THAT OFFICE, the benefits provided to workers, including health-care and8
defined benefit or defined contribution retirement benefits, and whether9
the bidder pays industry-standard wages; and10
SECTION 27. In Colorado Revised Statutes, 24-92-115, amend11
(1)(a)(II) introductory portion, (1)(a)(III), (6)(a) introductory portion, and12
(6)(a)(I) as follows:13
24-92-115. Apprenticeship utilization requirements -14
mechanical, electrical, and plumbing contracts - public projects -15
definition. (1) (a) Unless prohibited by applicable federal law, and16
except as otherwise provided in subsection (1)(b) of this section, the17
contract for any public works project that does not receive federal money,18
including a public project that will have an integrated project delivery19
contract pursuant to article 93 of this title 24, in the amount of one million20
dollars or more shall require the general contractor or other firm to which21
the contract is awarded to submit, at the time the mechanical, electrical,22
or plumbing subcontractor is put under contract, documentation to the23
agency of government that:24
(II) Certifies that all firms identified participate in apprenticeship25
programs registered with the United States department of labor's26
employment and training administration OFFICE OF APPRENTICESHIP or A27
SB23-051
-28- state apprenticeship councils AGENCY recognized by the United States1
department of labor and have a proven record of graduating apprentices2
as follows:3
(III) Supplies supporting documentation from the United States4
department of labor's office of apprenticeship
OR A STATE5
APPRENTICESHIP AGENCY RECOGNIZED BY THE UNITED STATES6
DEPARTMENT OF LABOR verifying the information provided in the7
certification specified in subsection (1)(a)(II) of this section.8
(6) (a) To promote and facilitate the development of new9
apprenticeship programs, an apprenticeship program that does not satisfy10
the requirements of subsection (1)(a) of this section may petition the11
department of labor and employment for conditional approval for
THE12
purposes of this section. To be allowed conditional approval, an13
apprenticeship program must demonstrate the following:14
(I) The program has been registered with the United States15
department of labor's employment and training administration
OFFICE OF16
APPRENTICESHIP or a state apprenticeship council AGENCY RECOGNIZED17
BY THE UNITED STATES DEPARTMENT OF LABOR and has been providing18
training for at least six months; and19
SECTION 28. In Colorado Revised Statutes, 24-92-208, amend20
(2)(b) as follows:21
24-92-208. Apprenticeship contribution rate. (2) The amount22
of the apprenticeship contribution will be set in accordance with the23
apprenticeship contribution of the collective bargaining agreement of the24
applicable trade in the geographic locality of the public project.25
Contractors shall achieve compliance with this requirement by one of the26
following options:27
SB23-051
-29- (b) Contractors that are not signatory to a collective bargaining1
agreement but that are members of a multi-employer trade association that2
sponsors an apprenticeship program registered with the United States3
department of labor's employment and training administration OFFICE OF4
APPRENTICESHIP or A STATE APPRENTICESHIP AGENCY recognized by the5
United States department of labor, or
THAT directly sponsor such a6
program for their own employees, shall pay the determined apprenticeship7
contribution to that program or to a state apprenticeship council registered
8
with AGENCY RECOGNIZED BY the United States department of labor; or9
SECTION 29. In Colorado Revised Statutes, 30-20-1105, amend10
(3) introductory portion as follows:11
30-20-1105. Integrated project delivery contracting process -12
prequalification of participating entities - apprentice training.13
(3) Where an apprentice training program certified REGISTERED by the14
office of apprenticeship in the employment and training administration in15
the United States department of labor LABOR'S OFFICE OF APPRENTICESHIP16
or a state apprenticeship program AGENCY recognized by the United17
States department of labor exists in the county, or a comparable program18
AGENCY for the training of apprentices is available in the county:19
SECTION 30. In Colorado Revised Statutes, 40-2-123, amend20
(2)(d)(I) introductory portion as follows:21
40-2-123. Energy technologies - consideration by commission22
- incentives - demonstration projects - definitions - repeal.23
(2) (d) (I) In the construction or expansion of an innovative energy24
technology project approved pursuant to this subsection (2), an25
investor-owned utility shall use its own employees or qualified26
contractors, or both, but shall not use a contractor unless the contractor's27
SB23-051
-30- employees have access to an apprenticeship program registered with the1
United States department of labor's office of apprenticeship or by a state2
apprenticeship council AGENCY recognized by that office; except that this3
apprenticeship requirement does not apply to:4
SECTION 31. In Colorado Revised Statutes, 40-2-126, amend5
(5) introductory portion as follows:6
40-2-126. Transmission facilities - biennial review - energy7
resource zones - definitions - plans - approval - cost recovery -8
powerline trail consideration. (5) In any construction or expansion9
approved pursuant to this section, the utility shall use its own employees10
or qualified contractors, or both, but shall not use a contractor unless the11
contractor's employees have access to an apprenticeship program12
registered with the United States department of labor's office of13
apprenticeship or by a state apprenticeship council AGENCY recognized14
by that office; except that this apprenticeship requirement does not apply15
to:16
SECTION 32. In Colorado Revised Statutes, 40-2-127, amend17
(3.5)(b) introductory portion as follows:18
40-2-127. Community energy funds - community solar19
gardens - definitions - rules - legislative declaration - repeal.20
(3.5) Standards for construction and operation. The following21
requirements apply to any community solar garden exceeding two22
megawatts:23
(b) Following the development or acquisition by a qualifying retail24
utility of a community solar garden in which the qualifying retail utility25
retains ownership, the qualifying retail utility shall either use its own26
employees to operate and maintain the community solar garden or27
SB23-051
-31- contract for operation and maintenance of the community solar garden by1
a contractor whose employees have access to an apprenticeship program2
registered with the United States department of labor's office of3
apprenticeship or with a state apprenticeship council AGENCY recognized4
by that office; except that this apprenticeship requirement does not apply5
to:6
SECTION 33. In Colorado Revised Statutes, 40-2-127.5, amend7
(4)(b) introductory portion as follows:8
40-2-127.5. Community energy funds - community geothermal9
gardens - rules - legislative declaration - definitions - repeal.10
(4) Standards for construction and operation. The following11
requirements apply to any community geothermal garden exceeding two12
megawatts:13
(b) Following the development or acquisition by a qualifying retail14
utility of a community geothermal garden in which the qualifying retail15
utility retains ownership, the qualifying retail utility shall either use its16
own employees to operate and maintain the community geothermal17
garden or contract for operation and maintenance of the community18
geothermal garden by a contractor whose employees have access to an19
apprenticeship program registered with the United States department of20
labor's office of apprenticeship or with a state apprenticeship council21
AGENCY recognized by that office; except that this apprenticeship22
requirement does not apply to:23
SECTION 34. In Colorado Revised Statutes, 40-2-129, amend24
(1)(a) and (2) introductory portion as follows:25
40-2-129. New resource acquisitions - factors in determination26
- local employment - "best value" employment metrics - performance27
SB23-051
-32- audit. (1) (a) (I) When evaluating electric resource acquisitions and1
requests for a certificate of convenience and necessity for construction or2
expansion of generating facilities, including but not limited to pollution3
control or fuel conversion upgrades and conversion of existing coal-fired4
plants to natural gas plants, the commission shall consider, in all5
decisions involved in electric resource acquisition processes, best value6
regarding employment of Colorado labor, as defined in section 8-17-1017
(2)(a), and positive impacts on the long-term economic viability of8
Colorado communities. To this end, the commission shall require utilities9
to obtain and provide to the commission the following information10
regarding "best value" employment metrics:11
(A) The availability of training programs, including training12
through apprenticeship programs registered with the United States13
department of labor's office of apprenticeship or by state apprenticeship14
councils AGENCIES recognized by that office;15
(B) Employment of Colorado labor as compared to importation of16
out-of-state workers;17
(C) Long-term career opportunities; and18
(D) Industry-standard wages, health care, and pension benefits.19
(II) When a utility proposes to construct new facilities of its own,20
the utility shall supply similar information to the commission.21
(2) Following development or acquisition of a generating facility22
by a utility, for all generating facilities owned by the utility that do not23
emit carbon dioxide, the utility shall use utility employees or qualified24
contractors if the contractors' employees have access to an apprenticeship25
program registered with the United States department of labor's office of26
apprenticeship or by a state apprenticeship council AGENCY recognized27
SB23-051
-33- by that office; except that this apprenticeship requirement does not apply1
to:2
SECTION 35. In Colorado Revised Statutes, 40-3.2-105.5,3
amend (3)(a)(I)(A), (3)(b)(I), and (4)(b)(I) as follows:4
40-3.2-105.5. Labor standards for gas DSM projects.5
(3) (a) The utility shall make use of a list, referred to in this section as the6
"certified contractor list", containing the names and contact information7
of:8
(I) Qualified contractors that participate in apprenticeship9
programs that:10
(A) Are registered with the United States department of labor's11
employment and training administration OFFICE OF APPRENTICESHIP or12
with a state apprenticeship council AGENCY recognized by the United13
States department of labor; and14
(b) The Colorado department of labor and employment shall15
oversee the compilation of the certified contractor list through one of the16
following methods:17
(I) Directing the state apprenticeship council AGENCY18
RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR, if available,19
to assemble the information; or20
(4) The following requirements apply to gas DSM projects in new21
or existing buildings:22
(b) (I) For plumbing, mechanical, or electrical projects that23
involve energy efficiency improvements to central building systems in a24
multifamily building that contains twenty thousand square feet or more25
of conditioned floor space and for which a rebate is to be provided26
directly to the building owner as part of a gas DSM program, the utility27
SB23-051
-34- shall condition payment of the rebate on the building owner's exclusive1
use of contractors that participate in apprenticeship programs registered2
with the United States department of labor's employment and training3
administration OFFICE OF APPRENTICESHIP or with a state apprenticeship4
council AGENCY recognized by the United States department of labor for5
any necessary plumbing or electrical work. If the contractor chosen by the6
customer is not on the certified contractor list, the utility shall require7
another method of verifying compliance with this subsection (4)(b).8
SECTION 36. In Colorado Revised Statutes, 40-3.2-105.6,9
amend (3)(a)(I) and (4)(b)(I) as follows:10
40-3.2-105.6. Labor standards for beneficial electrification11
projects. (3) (a) The utility shall obtain from the Colorado department12
of labor and employment and shall make use of a list, referred to in this13
section as the "certified contractor list", containing the names and contact14
information of:15
(I) Qualified contractors that participate in apprenticeship16
programs that are registered with the United States department of labor's17
employment and training administration OFFICE OF APPRENTICESHIP or18
with a state apprenticeship council AGENCY recognized by the United19
States department of labor; and20
(4) The following requirements apply to beneficial electrification21
projects in new or existing industrial, commercial, or multifamily22
residential buildings:23
(b) (I) For plumbing, mechanical, or electrical projects that24
involve the beneficial electrification of central building systems in a25
multifamily building that contains twenty thousand square feet or more26
of conditioned floor space and for which a rebate is to be provided27
SB23-051
-35- directly to the building owner as part of a beneficial electrification1
program, the utility shall condition payment of the rebate on the building2
owner's exclusive use of contractors that participate in apprenticeship3
programs registered with the United States department of labor's4
employment and training administration OFFICE OF APPRENTICESHIP or5
with a state apprenticeship council AGENCY recognized by the United6
States department of labor for any necessary plumbing or electrical work.7
If the contractor chosen by the building owner is not on the certified8
contractor list, the utility shall require another method of verifying9
compliance with this subsection (4)(b).10
SECTION 37. In Colorado Revised Statutes, 40-3.2-108, amend11
(8)(d)(I) as follows:12
40-3.2-108. Clean heat targets - legislative declaration -13
definitions - plans - rules - reports. (8) Employment and utility14
workforce. (d) In all decisions approving clean heat resources to be15
acquired as part of a clean heat plan, the commission shall consider the16
long-term impacts on Colorado's utility workforce as part of a just17
transition and shall give additional weight to a project that includes:18
(I) Training programs, including training through the division of19
employment and training in the department of labor and employment20
created in section 8-83-102, or
APPRENTICESHIP PROGRAMS REGISTERED21
WITH THE UNITED STATES DEPARTMENT OF LABOR 'S OFFICE OF22
APPRENTICESHIP OR a state apprenticeship council registered with
AGENCY23
RECOGNIZED BY the United States department of labor;24
SECTION 38. In Colorado Revised Statutes, 40-42-107, amend25
(1)(b) introductory portion as follows:26
40-42-107. Labor standards - apprenticeship - supervision.27
SB23-051
-36- (1) The authority shall ensure that, in any construction, expansion, or1
maintenance of facilities undertaken in Colorado pursuant to this article2
42, all labor is performed either by the employees of an electric utility or3
by qualified contractors, or both, and that, except as otherwise provided4
in subsection (3) of this section, an electric utility not use a contractor5
unless:6
(b) The contractor's employees have access to an apprenticeship7
program registered with the United States department of labor's office of8
apprenticeship or by a state apprenticeship council AGENCY recognized9
by that office and meeting the additional criteria specified in subsection10
(2) of this section; except that this apprenticeship requirement does not11
apply to:12
SECTION 39. Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly; except15
that, if a referendum petition is filed pursuant to section 1 (3) of article V16
of the state constitution against this act or an item, section, or part of this17
act within such period, then the act, item, section, or part will not take18
effect unless approved by the people at the general election to be held in19
November 2024 and, in such case, will take effect on the date of the20
official declaration of the vote thereon by the governor.21
SB23-051
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