First Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction 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 Amended 2nd Reading January 31, 2023 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 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:27 051 -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 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.27 051 -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 (10) and (17); and add (6.3),23 (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 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 21 (6) "Certificate of registration" means a document issued by the22 SAA to a sponsor that indicates that the sponsor's apprenticeship program23 is registered pursuant to this article 15.7 DOCUMENTATION THAT A24 REGISTRATION AGENCY HAS REGISTERED AN APPRENTICESHIP PROGRAM25 PURSUANT TO THIS ARTICLE 15.7 AND IN CONFORMITY WITH FEDERAL26 REGULATIONS, AS EVIDENCED BY A CERTIFICATE OF REGISTRATION OR27 051 -7- OTHER WRITTEN DOCUMENTATION .1 (6.3) "C OUNCIL FOR APPRENTICESHIP IN NEW AND EMERGING2 INDUSTRIES" OR "CANEI" MEANS THE COUNCIL FOR APPRENTICESHIP 3 IN NEW AND EMERGING INDUSTRIES CREATED IN SECTION 8-15.7-104.4 (6.5) "C OUNCIL FOR APPRENTICESHIP IN THE BUILDING AND5 CONSTRUCTION TRADES " OR "CABCT" MEANS THE COUNCIL FOR6 APPRENTICESHIP IN THE BUILDING AND CONSTRUCTION TRADES CREATED7 IN SECTION 8-15.7-103.8 (9.5) "F EDERAL REGULATIONS " MEANS THE REGULATIONS9 PROMULGATED BY THE UNITED STATES SECRETARY OF LABOR UNDER THE10 "N ATIONAL APPRENTICESHIP ACT", 29 U.S.C. SEC. 50.11 (10) "Interagency advisory committee on apprenticeship" or 12 "IAC" means the interagency advisory committee on apprenticeship13 created in section 8-15.7-104.14 (12.5) "R ECOGNIZED STATE APPRENTICESHIP AGENCY " MEANS THE15 STATE APPRENTICESHIP AGENCY, IF RECOGNIZED BY THE UNITED STATES16 DEPARTMENT OF LABOR, OR ANY OTHER STATE APPRENTICESHIP AGENCY17 RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR AS THE18 APPRENTICESHIP AGENCY FOR THE STATE .19 (13.5) "R EGISTRATION AGENCY" MEANS THE UNITED STATES20 DEPARTMENT OF LABOR'S OFFICE OF APPRENTICESHIP OR A RECOGNIZED21 STATE APPRENTICESHIP AGENCY .22 (14) "Registration of an apprenticeship program" or "Registration23 of apprenticeship programs" means the registration by the SAA of an24 apprentice program that meets the basic standards and requirements25 established pursuant to this article 15.7 for purposes of meeting federal26 requirements, as evidenced by a certificate of registration ACCEPTANCE27 051 -8- AND RECORDING OF AN APPRENTICESHIP PROGRAM BY THE UNITED STATES1 DEPARTMENT OF LABOR'S OFFICE OF APPRENTICESHIP, OR REGISTRATION2 OR APPROVAL BY A STATE APPRENTICESHIP AGENCY THAT IS RECOGNIZED3 BY THE UNITED STATES DEPARTMENT OF LABOR 'S OFFICE OF4 APPRENTICESHIP IN CONFORMITY WITH FEDERAL REGULATIONS . APPROVAL5 IS EVIDENCED BY A CERTIFICATE OF REGISTRATION OR OTHER WRITTEN6 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 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; 19 (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 ; AND23 (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 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.27 051 -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 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 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 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 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), (4) introductory portion, and (4)(a) 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 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 (a) Workers in the occupation perform construction,17 reconstruction, renovation, alteration, demolition, painting, repair, or18 maintenance work for roads, highways, buildings, structures, industrial19 facilities, OR ENERGY PRODUCTION, ENERGY TRANSMISSION, OR ENERGY 20 DISTRIBUTION, or improvements of any type; or21 SECTION 8. In Colorado Revised Statutes, 8-15.7-106, amend22 (1), (2), (3)(a), and (3)(b)(III) as follows:23 8-15.7-106. Application for registration of apprenticeship24 programs - diversity initiatives - deregistration - rules. (1) On and25 after July 1, 2023 WITHIN THIRTY DAYS AFTER THE UNITED STATES26 DEPARTMENT OF LABOR RECOGNIZES THE SAA, the SAA shall accept27 051 -17- applications for the registration of apprenticeship programs pursuant to1 29 CFR 29 and 30 IN CONFORMITY WITH FEDERAL REGULATIONS .2 (2) Each apprenticeship program that registers with the SAA shall3 adopt a written diversity recruitment plan that ensures equal opportunity4 in the recruitment, selection, employment, and training of apprentices.5 The recruitment plan must include the adoption of COMPLY WITH federal6 regulations concerning equal employment. under 29 CFR 29 and 30. The7 SAA shall ensure compliance with the federal regulations by filing the8 FILE A COMPLIANT equal employment opportunity in apprenticeship state9 plan pursuant to section 8-15.7-102 (1)(n) IN CONFORMITY WITH FEDERAL10 REGULATIONS.11 (3) (a) The SAA may deregister an apprenticeship program at the12 request of the sponsor or, after a hearing pursuant to section 8-15.7-10713 IN CONFORMITY WITH FEDERAL REGULATIONS , for noncompliance with14 this article 15.7 pursuant to conditions and rules established by the SAA.15 (b) Any apprenticeship program deregistered for noncompliance16 with this article 15.7 or any rules promulgated pursuant to this article 15.717 may present evidence to the SAA that the program is compliant. The18 apprenticeship program's registration may be reinstated:19 (III) If the apprenticeship program is prepared to immediately20 enroll one or more apprentices.21 SECTION 9. In Colorado Revised Statutes, repeal and reenact,22 with amendments, 8-15.7-107 as follows:23 8-15.7-107. Hearings. (1) T HE SAA SHALL CONDUCT HEARINGS24 FOR THE PURPOSE OF RESOLVING COMPLIANCE ISSUES OR DEREGISTRATION25 ISSUES WITH A REGISTERED APPRENTICESHIP PROGRAM IN CONFORMITY26 WITH FEDERAL REGULATIONS .27 051 -18- (2) THE DETERMINATION OF THE SAA IS A FINAL AGENCY ACTION1 THAT IS SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION 24-4-106.2 (3) S PONSORS MAY APPEAL TO THE UNITED STATES DEPARTMENT3 OF LABOR'S OFFICE OF APPRENTICESHIP FOR A FINAL DETERMINATION IN4 CONFORMITY WITH FEDERAL REGULATIONS .5 SECTION 10. In Colorado Revised Statutes, 8-15.7-108, amend6 (1) introductory portion and (1)(d) as follows:7 8-15.7-108. Rules. (1) The director may promulgate rules to8 implement this article 15.7, including WHICH RULES MUST CONFORM WITH9 FEDERAL REGULATIONS. THE RULES MAY INCLUDE, BUT ARE NOT LIMITED10 TO, rules that address:11 (d) Grievance procedures for complaints not under the jurisdiction12 of the United States equal employment opportunity commission,13 including complaints concerning apprentices not moving through an14 apprenticeship program in a timely manner and insufficient on-the-job15 training LEARNING or classroom time.16 SECTION 11. In Colorado Revised Statutes, 8-14.3-202, amend17 (2) as follows:18 8-14.3-202. Definitions. As used in this part 2, unless the context19 otherwise requires:20 (2) "Apprenticeship" means an apprenticeship training program21 registered with the United States department of labor's office of22 apprenticeship or a state apprenticeship program AGENCY recognized by23 the United States department OF labor.24 SECTION 12. In Colorado Revised Statutes, 8-73-108, amend25 (4)(f)(I)(E) as follows:26 8-73-108. Benefit awards - definitions. (4) Full award. An27 051 -19- individual separated from a job must be given a full award of benefits if1 the division determines that any of the following reasons and pertinent2 related conditions exist. The determination of whether or not the3 separation from employment must result in a full award of benefits is the4 responsibility of the division. The following reasons must be considered,5 along with any other factors that may be pertinent to such determination:6 (f) (I) Due to the particular nature of the building and construction7 industry, construction workers who quit a construction job to accept a8 different construction job in any of the following circumstances:9 (E) Quitting a job outside the worker's regular apprenticeable10 trade to return to work in his or her THE WORKER'S regular apprenticeable11 trade. For purposes of this paragraph (f) AS USED IN THIS SUBSECTION12 (4)(f), a "regular apprenticeable trade" is MEANS a skilled trade or13 occupation in the construction industry in which, by longstanding and14 recognized practice of a significant segment of the industry, a worker15 generally must complete a period of apprenticeship or training pursuant16 to a joint apprenticeship or other apprenticeship program which THAT is17 in accordance with requirements for programs registered with the federal18 government OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE19 U NITED STATES DEPARTMENT OF LABOR . A worker may have more than20 one regular apprenticeable trade.21 SECTION 13. In Colorado Revised Statutes, 8-83-502, amend22 (5)(d) as follows:23 8-83-502. Definitions. As used in this part 5, unless the context24 otherwise requires:25 (5) "Eligible entity" means the following entities that serve a coal26 transition community and that may apply for a grant:27 051 -20- (d) An apprenticeship program that is registered with the United1 States department of labor or a state apprenticeship council AGENCY2 RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR ;3 SECTION 14. In Colorado Revised Statutes, 8-83-504.5, amend4 (1)(a)(III)(A) as follows:5 8-83-504.5. Additional coal transition workforce assistance6 program funding - coal transition workforce assistance program7 account. (1) (a) (III) Subject to annual appropriation by the general8 assembly, the department shall expend money from the account for coal9 transition workforce assistance programs that directly assist coal10 transition workers or their family members and other household members,11 including programs that:12 (A) Establish or expand existing apprenticeship programs, the13 training capacity of such programs, and the placement of coal transition14 workers into such programs, prioritizing programs that are recognized as15 registered apprenticeship programs by the department or are16 industry-recognized apprenticeship programs that satisfy United States17 department of labor requirements for such programs A STATE18 APPRENTICESHIP AGENCY RECOGNIZED BY THE UNITED STATES19 DEPARTMENT OF LABOR;20 SECTION 15. In Colorado Revised Statutes, 8-83-601, amend21 (7) as follows:22 8-83-601. Definitions. As used in this part 6:23 (7) "Office" means the office of future OF work described 24 CREATED in section 8-77-110 8-15.8-103.25 SECTION 16. In Colorado Revised Statutes, 12-115-115, amend26 (3)(c) as follows:27 051 -21- 12-115-115. Apprentices - supervision - registration -1 discipline - rules. (3) (c) By January 1, 2022, and by January 1 each2 year, thereafter, an electrical contractor, an apprenticeship program3 registered with the United States department of labor's employment and4 training administration OFFICE OF APPRENTICESHIP , and a state5 apprenticeship council AGENCY recognized by the United States6 department of labor that employs an apprentice in this state shall report7 to the board the name and contact information of each apprentice in the8 apprenticeship program and the cumulative number of practical training9 hours and certified classroom hours each apprentice has completed10 toward the journeyman electrician licensure requirements specified in11 section 12-115-110. The board shall keep the information reported12 pursuant to this subsection (3)(c) confidential from all parties other than13 from the apprentice through the apprentice's individual registration14 account. The department of regulatory agencies shall, if existing15 resources are available or if the department receives gifts, grants, or16 donations pursuant to subsection (7) of this section, indicate whether the17 apprentice has completed the required practical training hours and18 classroom hours in the department of regulatory agency's online19 apprenticeship directory.20 SECTION 17. In Colorado Revised Statutes, 12-155-124, amend21 (3) and (6) as follows:22 12-155-124. Apprentices - rules. (3) By July 1, 2022, and by23 July 1 each year, thereafter, a registered plumbing contractor, an24 apprenticeship program registered with the United States department of25 labor's employment and training administration OFFICE OF26 APPRENTICESHIP, and a state apprenticeship council AGENCY recognized27 051 -22- by the United States department of labor that employs a plumbing1 apprentice in this state shall report to the board the name and contact2 information of each plumbing apprentice in the apprenticeship program3 and the cumulative number of practical training hours each plumbing4 apprentice has completed toward the licensure requirements specified in5 section 12-155-110. The board shall keep the information reported6 pursuant to this subsection (3) confidential from all parties other than7 from the plumbing apprentice through the plumbing apprentice's8 individual registration account. The department of regulatory agencies9 shall, if existing resources are available or if the department receives10 gifts, grants, or donations pursuant to subsection (8) of this section,11 indicate whether the plumbing apprentice has completed the required12 practical training hours in the department of regulatory agencies' online13 apprenticeship directory.14 (6) A registered plumbing contractor, an apprenticeship program15 registered with the United States department of labor's employment and16 training administration OFFICE OF APPRENTICESHIP , and a state17 apprenticeship council AGENCY recognized by the United States18 department of labor shall remove each plumbing apprentice that is no19 longer employed as an apprentice from the apprenticeship program and20 annually notify the board of the termination of the employment.21 SECTION 18. In Colorado Revised Statutes, 22-35-103, amend22 (1) as follows:23 22-35-103. Definitions. As used in this article 35, unless the24 context otherwise requires:25 (1) "Apprenticeship program" means a Colorado-based26 apprenticeship program that is registered with the United States27 051 -23- department of labor's office of apprenticeship or a state apprenticeship1 program AGENCY recognized by the United States department of labor.2 SECTION 19. In Colorado Revised Statutes, 22-54-138, amend3 (1)(b) and (1)(c)(II) as follows:4 22-54-138. Career development success program - created -5 funding - report - legislative declaration - definitions - repeal. (1) As6 used in this section, unless the context otherwise requires:7 (b) "Construction industry apprenticeship program" means an8 apprenticeship program registered with the office of apprenticeship in the9 United States department of labor or a state apprenticeship program10 AGENCY recognized by the United States department of labor that trains11 individuals for careers in the construction industry.12 (c) "Construction industry pre-apprenticeship program" means a13 program or set of strategies that:14 (II) Has a documented relationship with at least one15 apprenticeship program registered with the office of apprenticeship in the16 United States department of labor or a state apprenticeship program17 AGENCY recognized by the United States department of labor; and18 SECTION 20. In Colorado Revised Statutes, 24-1-121, add19 (3)(m) as follows:20 24-1-121. Department of labor and employment - creation.21 (3) The department of labor and employment consists of the following22 divisions and programs:23 (m) T HE OFFICE OF FUTURE OF WORK, THE HEAD OF WHICH IS THE24 DIRECTOR OF THE OFFICE OF FUTURE OF WORK , CREATED IN SECTION25 8-15.8-103. THE OFFICE OF FUTURE OF WORK AND THE OFFICE'S DIRECTOR26 ARE TYPE 2 ENTITIES, AS DEFINED IN SECTION 24-1-105, AND EXERCISE27 051 -24- THEIR POWERS AND PERFORM THEIR DUTIES AND FUNCTIONS SPECIFIED BY1 LAW UNDER THE DEPARTMENT OF LABOR AND EMPLOYMENT .2 SECTION 21. In Colorado Revised Statutes, 24-46.3-103, repeal3 (3)(a)(VIII) as follows:4 24-46.3-103. Key industries talent pipeline working group.5 (3) (a) In doing the work specified in subsection (2) of this section, the6 state council, in partnership with the department of higher education, the7 department of education, the department of labor and employment, and8 the Colorado office of economic development, shall coordinate the9 production of an annual Colorado talent report. In preparing the annual10 Colorado talent report, the state council, the departments, and the office11 may use previously collected data and are not required to collect new data12 for the purposes of the report. The talent report shall:13 (VIII) Include the report and recommendations from the14 department of labor and employment regarding pre-apprenticeship and15 apprenticeship in Colorado, prepared as required by section 8-15-101,16 C.R.S.; and17 SECTION 22. In Colorado Revised Statutes, 24-46.3-104,18 amend (2)(a); and add (2)(b.5) as follows:19 24-46.3-104. Career pathways - design - legislative declaration20 - definitions. (2) As used in this section, unless the context otherwise21 requires:22 (a) "Apprenticeship" means a registered apprenticeship program23 with a written plan that is designed to move an apprentice from a low- or24 no-skill entry-level position to full occupational proficiency. The program25 must comply with the parameters established under the "National26 Apprenticeship Act", 29 U.S.C. sec. 50, as amended, and its promulgating27 051 -25- regulations PROMULGATED UNDER THE ACT , and MUST BE administered by1 the United State's STATES department of labor's office of apprenticeship2 or must be a state apprenticeship program AGENCY recognized by the3 United States department of labor. An individual business, an employer4 association, or a labor organization sponsors a registered apprenticeship.5 Upon finishing a training program, the apprentice earns a "completion of6 registered apprenticeship" certificate, which is an industry-issued and7 nationally recognized credential that validates proficiency in an8 apprenticeable occupation, or is awarded a certificate of completion.9 pursuant to article 15.7 of title 8.10 (b.5) "C ERTIFICATE OF COMPLETION " MEANS A CERTIFICATE11 AWARDED TO AN APPRENTICE IN RECOGNITION OF THE SUCCESSFUL12 COMPLETION OF AN APPRENTICESHIP PROGRAM .13 SECTION 23. In Colorado Revised Statutes, 24-46.3-301,14 amend (1) as follows:15 24-46.3-301. Definitions. As used in this part 3, unless the16 context otherwise requires:17 (1) "Apprenticeship program" means a Colorado-based18 apprenticeship training program that is registered with the office of19 apprenticeship in the United States department of labor or a state20 apprenticeship program AGENCY recognized by the United States21 department of labor.22 SECTION 24. In Colorado Revised Statutes, 24-46.3-503,23 amend (5)(a)(II) and (5)(b) as follows:24 24-46.3-503. Strengthening photovoltaic and renewable25 careers (SPARC) workforce development program - creation - use of26 funds. (5) (a) SPARC program activities or expenditures authorized27 051 -26- pursuant to this part 5 must not:1 (II) Circumvent any established industry standard for on-the-job2 training requirements or classroom education requirements of the3 established Colorado apprenticeship programs registered through the4 United States department of labor LABOR'S office of apprenticeship5 training or a state apprenticeship council AGENCY recognized by that6 office.7 (b) To the extent possible, the SPARC program must support8 activities that support participation in Colorado apprenticeship programs9 registered through the United States department of labor LABOR'S office10 of apprenticeship training or a state apprenticeship council AGENCY11 recognized by that office and prioritize programs that seek to help12 workers attain a professional credential, an industry standard certification,13 or a professional license.14 SECTION 25. In Colorado Revised Statutes, 24-46.3-702,15 amend (2) as follows:16 24-46.3-702. Definitions. As used in this part 7, unless the17 context otherwise requires:18 (2) "Apprenticeship sponsor" means an employer, association,19 committee, or organization that operates an apprenticeship program20 registered with the United States department of labor LABOR'S OFFICE OF21 APPRENTICESHIP OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY22 THAT OFFICE.23 SECTION 26. In Colorado Revised Statutes, 24-75-112, amend24 (1)(d)(V) as follows:25 24-75-112. Annual general appropriation act - headnote26 definitions - general provisions - footnotes. (1) As used in the annual27 051 -27- general appropriation act, the following definitions and general provisions1 shall apply for the headnote terms preceding and specifying the purpose2 of certain line items of appropriation:3 (d) (V) The number of FTE specified in a particular item of4 appropriation is the number utilized to calculate the amount appropriated5 and necessary to fund any combination of part-time positions or full-time6 positions equal to such number for the fiscal year to which the annual7 general appropriation act pertains in accordance with the definition8 contained in subsections (1)(d)(II) and (1)(d)(III) of this section and is not9 a limitation on the number of FTE that may be employed. No department10 shall make a material change in the number of FTE specified in a11 particular item of appropriation prior to notifying the joint budget12 committee in writing of such change. This subsection (1)(d)(V) does not13 apply to department of personnel and administration state trainee14 positions.15 SECTION 27. In Colorado Revised Statutes, 24-92-103.5,16 amend (3)(g) as follows:17 24-92-103.5. Construction of public projects - invitation for18 best value bids. (3) The invitation for competitive sealed best value bids19 must identify the evaluation factors upon which the award will be made.20 When making the award determination, the responsible officer shall21 evaluate the factors specified in the invitation for bids and shall not22 evaluate any other factors other than those specified in the invitation for23 bids. The factors that must be included in the invitation for bids and that24 the responsible officer shall consider include, but need not be limited to:25 (g) The bidder's job standards, including the bidder's method of26 personnel procurement, employment of Colorado workers, workforce27 051 -28- development and long-term career opportunities of workers, the1 availability of training programs, including apprenticeships approved2 REGISTERED by the United States department of labor LABOR'S OFFICE OF3 APPRENTICESHIP OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY4 THAT OFFICE, the benefits provided to workers, including health-care and5 defined benefit or defined contribution retirement benefits, and whether6 the bidder pays industry-standard wages; and7 SECTION 28. In Colorado Revised Statutes, 24-92-115, amend8 (1)(a)(II) introductory portion, (1)(a)(III), (6)(a) introductory portion, and9 (6)(a)(I) as follows:10 24-92-115. Apprenticeship utilization requirements -11 mechanical, electrical, and plumbing contracts - public projects -12 definition. (1) (a) Unless prohibited by applicable federal law, and13 except as otherwise provided in subsection (1)(b) of this section, the14 contract for any public works project that does not receive federal money,15 including a public project that will have an integrated project delivery16 contract pursuant to article 93 of this title 24, in the amount of one million17 dollars or more shall require the general contractor or other firm to which18 the contract is awarded to submit, at the time the mechanical, electrical,19 or plumbing subcontractor is put under contract, documentation to the20 agency of government that:21 (II) Certifies that all firms identified participate in apprenticeship22 programs registered with the United States department of labor's23 employment and training administration OFFICE OF APPRENTICESHIP or A24 state apprenticeship councils AGENCY recognized by the United States25 department of labor and have a proven record of graduating apprentices26 as follows:27 051 -29- (III) Supplies supporting documentation from the United States1 department of labor's office of apprenticeship OR A STATE2 APPRENTICESHIP AGENCY RECOGNIZED BY THE UNITED STATES3 DEPARTMENT OF LABOR verifying the information provided in the4 certification specified in subsection (1)(a)(II) of this section.5 (6) (a) To promote and facilitate the development of new6 apprenticeship programs, an apprenticeship program that does not satisfy7 the requirements of subsection (1)(a) of this section may petition the8 department of labor and employment for conditional approval for THE9 purposes of this section. To be allowed conditional approval, an10 apprenticeship program must demonstrate the following:11 (I) The program has been registered with the United States12 department of labor's employment and training administration OFFICE OF13 APPRENTICESHIP or a state apprenticeship council AGENCY RECOGNIZED14 BY THE UNITED STATES DEPARTMENT OF LABOR and has been providing15 training for at least six months; and16 SECTION 29. In Colorado Revised Statutes, 24-92-208, amend17 (2)(b) as follows:18 24-92-208. Apprenticeship contribution rate. (2) The amount19 of the apprenticeship contribution will be set in accordance with the20 apprenticeship contribution of the collective bargaining agreement of the21 applicable trade in the geographic locality of the public project.22 Contractors shall achieve compliance with this requirement by one of the23 following options:24 (b) Contractors that are not signatory to a collective bargaining25 agreement but that are members of a multi-employer trade association that26 sponsors an apprenticeship program registered with the United States27 051 -30- department of labor's employment and training administration OFFICE OF1 APPRENTICESHIP or A STATE APPRENTICESHIP AGENCY recognized by the2 United States department of labor, or THAT directly sponsor such a3 program for their own employees, shall pay the determined apprenticeship4 contribution to that program or to a state apprenticeship council registered 5 with AGENCY RECOGNIZED BY the United States department of labor; or6 SECTION 30. In Colorado Revised Statutes, 30-20-1105, amend7 (3) introductory portion as follows:8 30-20-1105. Integrated project delivery contracting process -9 prequalification of participating entities - apprentice training.10 (3) Where an apprentice training program certified REGISTERED by the11 office of apprenticeship in the employment and training administration in12 the United States department of labor LABOR'S OFFICE OF APPRENTICESHIP13 or a state apprenticeship program AGENCY recognized by the United14 States department of labor exists in the county, or a comparable program15 AGENCY for the training of apprentices is available in the county:16 SECTION 31. In Colorado Revised Statutes, 40-2-123, amend17 (2)(d)(I) introductory portion as follows:18 40-2-123. Energy technologies - consideration by commission19 - incentives - demonstration projects - definitions - repeal.20 (2) (d) (I) In the construction or expansion of an innovative energy21 technology project approved pursuant to this subsection (2), an22 investor-owned utility shall use its own employees or qualified23 contractors, or both, but shall not use a contractor unless the contractor's24 employees have access to an apprenticeship program registered with the25 United States department of labor's office of apprenticeship or by a state26 apprenticeship council AGENCY recognized by that office; except that this27 051 -31- apprenticeship requirement does not apply to:1 SECTION 32. In Colorado Revised Statutes, 40-2-126, amend2 (5) introductory portion as follows:3 40-2-126. Transmission facilities - biennial review - energy4 resource zones - definitions - plans - approval - cost recovery -5 powerline trail consideration. (5) In any construction or expansion6 approved pursuant to this section, the utility shall use its own employees7 or qualified contractors, or both, but shall not use a contractor unless the8 contractor's employees have access to an apprenticeship program9 registered with the United States department of labor's office of10 apprenticeship or by a state apprenticeship council AGENCY recognized11 by that office; except that this apprenticeship requirement does not apply12 to:13 SECTION 33. In Colorado Revised Statutes, 40-2-127, amend14 (3.5)(b) introductory portion as follows:15 40-2-127. Community energy funds - community solar16 gardens - definitions - rules - legislative declaration - repeal.17 (3.5) Standards for construction and operation. The following18 requirements apply to any community solar garden exceeding two19 megawatts:20 (b) Following the development or acquisition by a qualifying retail21 utility of a community solar garden in which the qualifying retail utility22 retains ownership, the qualifying retail utility shall either use its own23 employees to operate and maintain the community solar garden or24 contract for operation and maintenance of the community solar garden by25 a contractor whose employees have access to an apprenticeship program26 registered with the United States department of labor's office of27 051 -32- apprenticeship or with a state apprenticeship council AGENCY recognized1 by that office; except that this apprenticeship requirement does not apply2 to:3 SECTION 34. In Colorado Revised Statutes, 40-2-127.5, amend4 (4)(b) introductory portion as follows:5 40-2-127.5. Community energy funds - community geothermal6 gardens - rules - legislative declaration - definitions - repeal.7 (4) Standards for construction and operation. The following8 requirements apply to any community geothermal garden exceeding two9 megawatts:10 (b) Following the development or acquisition by a qualifying retail11 utility of a community geothermal garden in which the qualifying retail12 utility retains ownership, the qualifying retail utility shall either use its13 own employees to operate and maintain the community geothermal14 garden or contract for operation and maintenance of the community15 geothermal garden by a contractor whose employees have access to an16 apprenticeship program registered with the United States department of17 labor's office of apprenticeship or with a state apprenticeship council18 AGENCY recognized by that office; except that this apprenticeship19 requirement does not apply to:20 SECTION 35. In Colorado Revised Statutes, 40-2-129, amend21 (1)(a) and (2) introductory portion as follows:22 40-2-129. New resource acquisitions - factors in determination23 - local employment - "best value" employment metrics - performance24 audit. (1) (a) (I) When evaluating electric resource acquisitions and25 requests for a certificate of convenience and necessity for construction or26 expansion of generating facilities, including but not limited to pollution27 051 -33- control or fuel conversion upgrades and conversion of existing coal-fired1 plants to natural gas plants, the commission shall consider, in all2 decisions involved in electric resource acquisition processes, best value3 regarding employment of Colorado labor, as defined in section 8-17-1014 (2)(a), and positive impacts on the long-term economic viability of5 Colorado communities. To this end, the commission shall require utilities6 to obtain and provide to the commission the following information7 regarding "best value" employment metrics:8 (A) The availability of training programs, including training9 through apprenticeship programs registered with the United States10 department of labor's office of apprenticeship or by state apprenticeship11 councils AGENCIES recognized by that office;12 (B) Employment of Colorado labor as compared to importation of13 out-of-state workers;14 (C) Long-term career opportunities; and15 (D) Industry-standard wages, health care, and pension benefits.16 (II) When a utility proposes to construct new facilities of its own,17 the utility shall supply similar information to the commission.18 (2) Following development or acquisition of a generating facility19 by a utility, for all generating facilities owned by the utility that do not20 emit carbon dioxide, the utility shall use utility employees or qualified21 contractors if the contractors' employees have access to an apprenticeship22 program registered with the United States department of labor's office of23 apprenticeship or by a state apprenticeship council AGENCY recognized24 by that office; except that this apprenticeship requirement does not apply25 to:26 SECTION 36. In Colorado Revised Statutes, 40-3.2-105.5,27 051 -34- amend (3)(a)(I)(A), (3)(b)(I), and (4)(b)(I) as follows:1 40-3.2-105.5. Labor standards for gas DSM projects.2 (3) (a) The utility shall make use of a list, referred to in this section as the3 "certified contractor list", containing the names and contact information4 of:5 (I) Qualified contractors that participate in apprenticeship6 programs that:7 (A) Are registered with the United States department of labor's8 employment and training administration OFFICE OF APPRENTICESHIP or9 with a state apprenticeship council AGENCY recognized by the United10 States department of labor; and11 (b) The Colorado department of labor and employment shall12 oversee the compilation of the certified contractor list through one of the13 following methods:14 (I) Directing the state apprenticeship council AGENCY15 RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR, if available,16 to assemble the information; or17 (4) The following requirements apply to gas DSM projects in new18 or existing buildings:19 (b) (I) For plumbing, mechanical, or electrical projects that20 involve energy efficiency improvements to central building systems in a21 multifamily building that contains twenty thousand square feet or more22 of conditioned floor space and for which a rebate is to be provided23 directly to the building owner as part of a gas DSM program, the utility24 shall condition payment of the rebate on the building owner's exclusive25 use of contractors that participate in apprenticeship programs registered26 with the United States department of labor's employment and training27 051 -35- administration OFFICE OF APPRENTICESHIP or with a state apprenticeship1 council AGENCY recognized by the United States department of labor for2 any necessary plumbing or electrical work. If the contractor chosen by the3 customer is not on the certified contractor list, the utility shall require4 another method of verifying compliance with this subsection (4)(b).5 SECTION 37. In Colorado Revised Statutes, 40-3.2-105.6,6 amend (3)(a)(I) and (4)(b)(I) as follows:7 40-3.2-105.6. Labor standards for beneficial electrification8 projects. (3) (a) The utility shall obtain from the Colorado department9 of labor and employment and shall make use of a list, referred to in this10 section as the "certified contractor list", containing the names and contact11 information of:12 (I) Qualified contractors that participate in apprenticeship13 programs that are registered with the United States department of labor's14 employment and training administration OFFICE OF APPRENTICESHIP or15 with a state apprenticeship council AGENCY recognized by the United16 States department of labor; and17 (4) The following requirements apply to beneficial electrification18 projects in new or existing industrial, commercial, or multifamily19 residential buildings:20 (b) (I) For plumbing, mechanical, or electrical projects that21 involve the beneficial electrification of central building systems in a22 multifamily building that contains twenty thousand square feet or more23 of conditioned floor space and for which a rebate is to be provided24 directly to the building owner as part of a beneficial electrification25 program, the utility shall condition payment of the rebate on the building26 owner's exclusive use of contractors that participate in apprenticeship27 051 -36- programs registered with the United States department of labor's1 employment and training administration OFFICE OF APPRENTICESHIP or2 with a state apprenticeship council AGENCY recognized by the United3 States department of labor for any necessary plumbing or electrical work.4 If the contractor chosen by the building owner is not on the certified5 contractor list, the utility shall require another method of verifying6 compliance with this subsection (4)(b).7 SECTION 38. In Colorado Revised Statutes, 40-3.2-108, amend8 (8)(d)(I) as follows:9 40-3.2-108. Clean heat targets - legislative declaration -10 definitions - plans - rules - reports. (8) Employment and utility11 workforce. (d) In all decisions approving clean heat resources to be12 acquired as part of a clean heat plan, the commission shall consider the13 long-term impacts on Colorado's utility workforce as part of a just14 transition and shall give additional weight to a project that includes:15 (I) Training programs, including training through the division of16 employment and training in the department of labor and employment17 created in section 8-83-102, or APPRENTICESHIP PROGRAMS REGISTERED18 WITH THE UNITED STATES DEPARTMENT OF LABOR 'S OFFICE OF19 APPRENTICESHIP OR a state apprenticeship council registered with AGENCY20 RECOGNIZED BY the United States department of labor;21 SECTION 39. In Colorado Revised Statutes, 40-42-107, amend22 (1)(b) introductory portion as follows:23 40-42-107. Labor standards - apprenticeship - supervision.24 (1) The authority shall ensure that, in any construction, expansion, or25 maintenance of facilities undertaken in Colorado pursuant to this article26 42, all labor is performed either by the employees of an electric utility or27 051 -37- by qualified contractors, or both, and that, except as otherwise provided1 in subsection (3) of this section, an electric utility not use a contractor2 unless:3 (b) The contractor's employees have access to an apprenticeship4 program registered with the United States department of labor's office of5 apprenticeship or by a state apprenticeship council AGENCY recognized6 by that office and meeting the additional criteria specified in subsection7 (2) of this section; except that this apprenticeship requirement does not8 apply to:9 SECTION 40. Act subject to petition - effective date. This act10 takes effect at 12:01 a.m. on the day following the expiration of the11 ninety-day period after final adjournment of the general assembly; except12 that, if a referendum petition is filed pursuant to section 1 (3) of article V13 of the state constitution against this act or an item, section, or part of this14 act within such period, then the act, item, section, or part will not take15 effect unless approved by the people at the general election to be held in16 November 2024 and, in such case, will take effect on the date of the17 official declaration of the vote thereon by the governor.18 051 -38-