First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 23-0488.01 Josh Schultz x5486 SENATE BILL 23-051 Senate Committees House Committees Business, Labor, & Technology Business Affairs & Labor 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 HOUSE Amended 2nd Reading February 27, 2023 SENATE 3rd Reading Unamended February 1, 2023 SENATE Amended 2nd Reading January 31, 2023 SENATE SPONSORSHIP Hinrichsen and Sullivan, Bridges, Coleman, Cutter, Danielson, Exum, Fields, Gonzales, Hansen, Jaquez Lewis, Kolker, Marchman, Rodriguez, Winter F. HOUSE SPONSORSHIP Ortiz and Lukens, 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), (15), and (17); repeal (10); and add (6.3), (6.5),23 (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) "COMMITTEE FOR APPRENTICESHIP IN NEW AND EMERGING2 INDUSTRIES" OR "CANEI" MEANS THE COMMITTEE FOR APPRENTICESHIP3 IN NEW AND EMERGING INDUSTRIES CREATED IN SECTION 8-15.7-104.4 (6.5) "COMMITTEE FOR APPRENTICESHIP IN THE BUILDING AND5 CONSTRUCTION TRADES " OR "CABCT" MEANS THE COMMITTEE 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 state19 apprenticeship council created in ESTABLISHED PURSUANT TO section20 8-15.7-103 8-15.7-105.21 SECTION 4. In Colorado Revised Statutes, 8-15.7-102, amend22 (1) and (4); and add (1)(b.5) and (5) as follows:23 8-15.7-102. State apprenticeship agency - created - director -24 powers and duties - rules. (1) There is hereby created in the department25 the state apprenticeship agency. The executive director shall appoint a26 director of the SAA. The SAA shall:27 051 -9- (a) Serve as the primary point of contact with the United States1 department of labor's office of apprenticeship;2 (b) Accelerate new apprenticeship program growth on a3 geographically diverse basis, especially in high-demand occupations,4 while ensuring quality standards;5 (b.5) ESTABLISH THE STATE APPRENTICESHIP COUNCIL, WHICH6 OPERATES UNDER THE DIRECTION OF THE SAA, TO PROVIDE ADVICE AND7 GUIDANCE TO THE SAA;8 (c) Encourage the development of and assist in the establishment9 of apprenticeship programs and promote enrollment in apprenticeship10 programs by providing technical and compliance assistance to sponsors,11 apprentices, and apprenticeship programs and ensuring program12 compliance with apprenticeship standards PROVIDE ADMINISTRATIVE13 SUPPORT TO THE SAC IN CARRYING OUT ITS DUTIES;14 (d) Register and oversee apprenticeship programs and15 apprenticeship agreements WORK IN PARTNERSHIP WITH RELEVANT STATE16 AGENCIES TO REDUCE DUPLICATION OF POST -SECONDARY PROGRAM17 APPROVAL;18 (e) Issue certificates of registration to existing apprenticeship19 programs SEEK RECOGNITION BY THE UNITED STATES DEPARTMENT OF20 LABOR AND OPERATE THE SAA IN CONFORMITY WITH FEDERAL21 REGULATIONS; 22 (f) Issue certificates of registration to sponsors of apprenticeship23 programs; COORDINATE THE REGISTERED APPRENTICESHIP PROGRAMS24 WITH COLORADO'S ECONOMIC DEVELOPMENT STRATEGIES AND PUBLICLY25 FUNDED WORKFORCE INVESTMENT SYSTEM ; AND26 (g) Determine required standards for registration of an27 051 -10- apprenticeship program;1 (h) Perform quality assurance assessments;2 (i) Approve the appropriate implementation of an apprenticeship3 program;4 (j) Maintain adequate records concerning registration5 requirements, approved program standards, the apprentices in each6 registered apprenticeship program, deregistration actions, compliance7 reviews and investigations, and any other matters stipulated by the United8 States department of labor's office of apprenticeship that are pertinent to9 compliance by apprenticeship programs with the requirements of this10 article 15.7;11 (k) Monitor and evaluate apprenticeship programs' performance12 and compliance with federal and state standards. and report to the SAC13 and the IAC on the outcome of quality assurance assessments;14 (l) Complete deregistration of apprenticeship programs that do not15 meet the requirements of this article 15.7;16 (m) Review apprenticeship programs for reinstatement of17 registration;18 (n) Submit an equal employment opportunity in apprenticeship19 state plan to the United States department of labor's office of20 apprenticeship;21 (o) Create a policy of reciprocity with other states to ensure the22 registration of apprenticeship programs;23 (p) Award certificates of completion and monitor apprentices with24 active status, apprenticeship completions, and the ongoing operation of25 registered apprenticeship programs;26 (q) Provide administrative support to the SAC and the IAC in27 051 -11- carrying out their duties; and1 (r) Work in partnership with relevant state agencies to reduce2 duplication of post-secondary program approval.3 (4) The director may promulgate rules as necessary to implement4 this article 15.7, including rules affecting the registration, performance,5 and legal compliance of apprenticeship programs WHICH RULES MUST6 CONFORM WITH FEDERAL REGULATIONS .7 (5) (a) T HE DIRECTOR MAY:8 (I) A PPROVE THE REGISTRATION OF APPRENTICESHIP PROGRAMS IN9 CONFORMITY WITH FEDERAL REGULATIONS ; AND10 (II) A PPROVE THE DEREGISTRATION OF APPRENTICESHIP11 PROGRAMS AT THE REQUEST OF THE SPONSOR OR AFTER A HEARING12 PURSUANT TO SECTION 8-15.7-107.13 (b) T HE DETERMINATION OF THE DIRECTOR IS A FINAL AGENCY14 ACTION THAT IS SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION15 24-4-106.16 SECTION 5. In Colorado Revised Statutes, 8-15.7-103, amend17 (1), (2)(a) introductory portion, (2)(a)(II) introductory portion, (2)(c),18 (2)(f) introductory portion, (2)(f)(I), (2)(g), and (3) as follows:19 8-15.7-103. Committee for apprenticeship in the building and20 construction trades - created - members - powers and duties. (1) The21 director shall establish the state apprenticeship council to oversee22 COMMITTEE FOR APPRENTICESHIP IN THE BUILDING AND CONSTRUCTION23 TRADES AS A SUBCOMMITTEE OF THE SAC TO ADVISE THE SAA ON24 registered apprenticeship programs for the building and construction25 trades in the state.26 (2) (a) The SAC CABCT consists of sixteen members appointed27 051 -12- as follows:1 (II) The governor shall appoint seven nonvoting, ex officio2 members to serve on the SAC CABCT and the IAC CANEI as follows:3 (c) The director shall appoint one member of the SAC CABCT to4 serve as the chair for a term of two years. A chair may be appointed to5 serve no more than two full terms.6 (f) The SAC CABCT:7 (I) Shall meet at least quarterly and at the request of the director8 as needed to accomplish the objectives of the SAC CABCT;9 (g) No member of the SAC CABCT may receive any10 compensation from an apprenticeship program.11 (3) For the building and construction trades, the SAC CABCT12 shall PERFORM THE FOLLOWING DUTIES AS A SUBCOMMITTEE OF THE SAC:13 (a) Register with and maintain the standards of the United States14 department of labor's office of apprenticeship and develop minimum15 standards for registration of apprenticeship programs ADVISE THE SAA16 ON THE MINIMUM STANDARDS FOR REGISTRATION OF APPRENTICESHIP17 PROGRAMS;18 (b) Resolve conflicts and complaints that arise between parties to19 an apprenticeship agreement when a conflict exists, after the conflict has20 been addressed by local entities charged with this function under the21 relevant apprenticeship program standards and the SAA ADVISE THE SAA22 ON STATE PLANS, RULES, AND ADMINISTRATIVE PROCEDURES PERTINENT23 TO THE OPERATION OF APPRENTICESHIP PROGRAMS AND EQUAL24 EMPLOYMENT OPPORTUNITIES IN APPRENTICESHIPS ;25 (c) Review program performance standards and make findings of26 fact and decisions on enforcement actions based on each review SUPPORT27 051 -13- THE SAA IN COMMUNICATIONS, TECHNICAL ASSISTANCE, AND PROMOTING1 PROMISING PRACTICES IN REGISTERED APPRENTICESHIP PROGRAMS ; AND2 (d) Recommend additions and changes concerning rules about3 apprenticeship programs to the director; PROVIDE AN ANNUAL REPORT TO4 THE EXECUTIVE DIRECTOR WITH APPRENTICESHIP DATA DISAGGREGATED5 BY AGE, RACE, GENDER, VETERAN STATUS, DISABILITY, AND INDUSTRY.6 (e) Provide technical and professional guidance for identifying7 and promoting best practices in registered apprenticeship programs;8 (f) Develop administrative policies that ensure the safety and9 quality of registered apprenticeship programs and address, as warranted,10 the related needs of Colorado's businesses, the labor workforce, and11 communities;12 (g) Provide an annual report to the executive director with13 apprenticeship data disaggregated by age of population, race, gender,14 veteran status, disability, and industry;15 (h) Advise the SAA regarding effective performance of the SAC's16 assigned functions; and17 (i) Formulate policies for the building and construction trades as18 may be necessary to carry out the purposes of this article 15.7.19 SECTION 6. In Colorado Revised Statutes, 8-15.7-104, amend20 (1), (2)(a) introductory portion, (2)(a)(II), (2)(b)(III), (2)(e) introductory21 portion, (2)(e)(I), (2)(f), and (3) as follows:22 8-15.7-104. Committee for apprenticeship in new and23 emerging industries - created - members - powers and duties. (1) The24 director shall establish the interagency advisory committee on25 apprenticeship to oversee COMMITTEE FOR APPRENTICESHIP IN NEW AND26 EMERGING INDUSTRIES AS A SUBCOMMITTEE OF THE SAC TO ADVISE THE27 051 -14- SAA ON apprenticeship programs that are not within the jurisdiction of1 the SAC CABCT.2 (2) (a) The IAC CANEI consists of fourteen members appointed3 as follows:4 (II) The governor shall appoint the six nonvoting, ex officio5 members, one of whom is a representative of the department of higher6 education, and five of whom are appointed pursuant to section 8-15.7-1037 (2)(a)(II), to the IAC CANEI.8 (b) (III) The director shall appoint one member of the IAC CANEI9 to serve as the chair for a term of two years. A chair may be appointed to10 serve no more than two full terms.11 (e) The IAC CANEI:12 (I) Shall meet at least quarterly and at the request of the director13 as needed to accomplish the objectives of the IAC CANEI;14 (f) No member of the IAC CANEI may receive any compensation15 from an apprenticeship program.16 (3) For all apprenticeships that are not within the building and17 construction trades and not under the jurisdiction of the SAC CABCT, the18 IAC CANEI shall PERFORM THE FOLLOWING DUTIES AS A SUBCOMMITTEE19 OF THE SAC:20 (a) Register with and maintain the standards of the United States21 department of labor's office of apprenticeship and develop minimum22 standards for registration of apprenticeship programs ADVISE THE SAA23 ON THE MINIMUM STANDARDS FOR REGISTRATION OF APPRENTICESHIP24 PROGRAMS;25 (b) Resolve conflicts and complaints that arise between parties to26 an apprenticeship agreement when a conflict exists, after the conflict has27 051 -15- been addressed by local entities charged with this function under the1 relevant apprenticeship program standards and the SAA ADVISE THE SAA2 ON STATE PLANS, RULES, AND ADMINISTRATIVE PROCEDURES PERTINENT3 TO THE OPERATION OF APPRENTICESHIP PROGRAMS AND EQUAL4 EMPLOYMENT OPPORTUNITIES IN APPRENTICESHIPS ;5 (c) Review program performance standards and make findings of6 fact and decisions on enforcement actions based on each review SUPPORT7 THE SAA IN COMMUNICATIONS, TECHNICAL ASSISTANCE, AND PROMOTING8 PROMISING PRACTICES IN REGISTERED APPRENTICESHIP PROGRAMS ; AND9 (d) Recommend additions and changes concerning rules about10 apprenticeship programs to the director; PROVIDE AN ANNUAL REPORT TO11 THE EXECUTIVE DIRECTOR WITH APPRENTICESHIP DATA DISAGGREGATED12 BY AGE, RACE, GENDER, VETERAN STATUS, DISABILITY, AND INDUSTRY.13 (e) Provide technical and professional guidance for identifying14 and promoting best practices in registered apprenticeship programs;15 (f) Develop administrative policies that ensure the safety and16 quality of registered apprenticeship programs and address, as warranted,17 the related needs of Colorado's businesses, the labor workforce, and18 communities;19 (g) Provide an annual report to the executive director with20 apprenticeship data disaggregated by age of population, race, gender,21 veteran status, disability, and industry;22 (h) Advise the SAA regarding effective performance of the IAC's23 assigned functions; and24 (i) Formulate policies for the industries within the IAC's25 jurisdiction as may be necessary to carry out the purposes of this article26 15.7.27 051 -16- SECTION 7. In Colorado Revised Statutes, amend1 8-15.7-105 as follows:2 8-15.7-105. State apprenticeship council - created - members3 powers - duties. (1) (a) The chairs of the SAC and the IAC shall4 establish an ad hoc joint resolution committee of the SAC and IAC,5 referred to in this section as the "ad hoc committee". The ad hoc6 committee consists of two members from both the IAC and the SAC7 appointed by the director. The ad hoc committee shall resolve conflicts8 that arise between the SAC and the IAC and shall define the jurisdiction9 of the SAC and the IAC. THE DIRECTOR SHALL ESTABLISH THE STATE10 APPRENTICESHIP COUNCIL TO PROVIDE ADVICE AND GUIDANCE TO THE11 STATE APPRENTICESHIP AGENCY ON THE OPERATION OF THE STATE 'S12 APPRENTICESHIP SYSTEM.13 (b) THE SAC:14 (I) IS COMPOSED OF PERSONS FAMILIAR WITH APPRENTICEABLE15 OCCUPATIONS;16 (II) INCLUDES AN EQUAL NUMBER OF REPRESENTATIVES OF17 EMPLOYER AND EMPLOYEE ORGANIZATIONS AND INCLUDES MEMBERS OF18 THE PUBLIC WHO MUST NOT NUMBER MORE THAN THE NUMBER OF19 REPRESENTATIVES OF EITHER EMPLOYER OR EMPLOYEE ORGANIZATIONS;20 (III) INCLUDES ALL THE MEMBERS OF THE CABCT AND CANEI;21 (c) THE CHAIRS OF THE CABCT AND CANEI SHALL SERVE AS22 CO-CHAIRS OF THE SAC.23 (1.5) THE SAC MAY CONVENE ADDITIONAL SUBCOMMITTEES AS24 NEEDED TO FULFILL ITS DUTIES.25 (2) The ad hoc committee of the SAC and the IAC SAC shall:26 (a) Publish a statement defining the SAC's CABCT'S jurisdiction27 051 -17- of the building and construction trades, and update the statement1 periodically as necessary as determined by the ad hoc committee SAC;2 and3 (b) Resolve conflicts and complaints that arise between the SAC4 CABCT and the IAC CANEI as determined by the ad hoc committee5 SAC.6 (3) If there is a tie among the ad hoc committee SAC members in7 determining a resolution to a conflict, the director shall break the tie. A8 decision of the ad hoc committee SAC is final.9 (4) The SAC CABCT has jurisdiction over apprenticeship10 programs for occupations in the building and construction trades. For11 purposes of this section, occupations are in the building and construction12 trades if either:13 (a) Workers in the occupation perform construction,14 reconstruction, renovation, alteration, demolition, painting, repair, or15 maintenance work for roads, highways, buildings, structures, industrial16 facilities, OR ENERGY PRODUCTION, ENERGY TRANSMISSION, OR ENERGY 17 DISTRIBUTION, or improvements of any type; or18 (b) Apprentices in the apprenticeship program will be employed19 by licensed contractors.20 SECTION 8. In Colorado Revised Statutes, 8-15.7-106, amend21 (1), (2), (3)(a), and (3)(b)(III) as follows:22 8-15.7-106. Application for registration of apprenticeship23 programs - diversity initiatives - deregistration - rules. (1) On and24 after July 1, 2023 WITHIN THIRTY DAYS AFTER THE UNITED STATES25 DEPARTMENT OF LABOR RECOGNIZES THE SAA, the SAA shall accept26 applications for the registration of apprenticeship programs pursuant to27 051 -18- 29 CFR 29 and 30 IN CONFORMITY WITH FEDERAL REGULATIONS .1 (2) Each apprenticeship program that registers with the SAA shall2 adopt a written diversity recruitment plan that ensures equal opportunity3 in the recruitment, selection, employment, and training of apprentices.4 The recruitment plan must include the adoption of COMPLY WITH federal5 regulations concerning equal employment. under 29 CFR 29 and 30. The6 SAA shall ensure compliance with the federal regulations by filing the7 FILE A COMPLIANT equal employment opportunity in apprenticeship state8 plan pursuant to section 8-15.7-102 (1)(n) IN CONFORMITY WITH FEDERAL9 REGULATIONS.10 (3) (a) The SAA may deregister an apprenticeship program at the11 request of the sponsor or, after a hearing pursuant to section 8-15.7-10712 IN CONFORMITY WITH FEDERAL REGULATIONS , for noncompliance with13 this article 15.7 pursuant to conditions and rules established by the SAA.14 (b) Any apprenticeship program deregistered for noncompliance15 with this article 15.7 or any rules promulgated pursuant to this article 15.716 may present evidence to the SAA that the program is compliant. The17 apprenticeship program's registration may be reinstated:18 (III) If the apprenticeship program is prepared to immediately19 enroll one or more apprentices.20 SECTION 9. In Colorado Revised Statutes, repeal and reenact,21 with amendments, 8-15.7-107 as follows:22 8-15.7-107. Hearings. (1) T HE SAA SHALL CONDUCT HEARINGS23 FOR THE PURPOSE OF RESOLVING COMPLIANCE ISSUES OR DEREGISTRATION24 ISSUES WITH A REGISTERED APPRENTICESHIP PROGRAM IN CONFORMITY25 WITH FEDERAL REGULATIONS .26 (2) T HE DETERMINATION OF THE SAA IS A FINAL AGENCY ACTION27 051 -19- THAT IS SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION 24-4-106.1 (3) S PONSORS MAY APPEAL TO THE UNITED STATES DEPARTMENT2 OF LABOR'S OFFICE OF APPRENTICESHIP FOR A FINAL DETERMINATION IN3 CONFORMITY WITH FEDERAL REGULATIONS .4 SECTION 10. In Colorado Revised Statutes, 8-15.7-108, amend5 (1) introductory portion and (1)(d) as follows:6 8-15.7-108. Rules. (1) The director may promulgate rules to7 implement this article 15.7, including WHICH RULES MUST CONFORM WITH8 FEDERAL REGULATIONS. THE RULES MAY INCLUDE, BUT ARE NOT LIMITED9 TO, rules that address:10 (d) Grievance procedures for complaints not under the jurisdiction11 of the United States equal employment opportunity commission,12 including complaints concerning apprentices not moving through an13 apprenticeship program in a timely manner and insufficient on-the-job14 training LEARNING or classroom time.15 SECTION 11. In Colorado Revised Statutes, 8-14.3-202, amend16 (2) as follows:17 8-14.3-202. Definitions. As used in this part 2, unless the context18 otherwise requires:19 (2) "Apprenticeship" means an apprenticeship training program20 registered with the United States department of labor's office of21 apprenticeship or a state apprenticeship program AGENCY recognized by22 the United States department OF labor.23 SECTION 12. In Colorado Revised Statutes, 8-73-108, amend24 (4)(f)(I)(E) as follows:25 8-73-108. Benefit awards - definitions. (4) Full award. An26 individual separated from a job must be given a full award of benefits if27 051 -20- the division determines that any of the following reasons and pertinent1 related conditions exist. The determination of whether or not the2 separation from employment must result in a full award of benefits is the3 responsibility of the division. The following reasons must be considered,4 along with any other factors that may be pertinent to such determination:5 (f) (I) Due to the particular nature of the building and construction6 industry, construction workers who quit a construction job to accept a7 different construction job in any of the following circumstances:8 (E) Quitting a job outside the worker's regular apprenticeable9 trade to return to work in his or her THE WORKER'S regular apprenticeable10 trade. For purposes of this paragraph (f) AS USED IN THIS SUBSECTION11 (4)(f), a "regular apprenticeable trade" is MEANS a skilled trade or12 occupation in the construction industry in which, by longstanding and13 recognized practice of a significant segment of the industry, a worker14 generally must complete a period of apprenticeship or training pursuant15 to a joint apprenticeship or other apprenticeship program which THAT is16 in accordance with requirements for programs registered with the federal17 government OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE18 U NITED STATES DEPARTMENT OF LABOR . A worker may have more than19 one regular apprenticeable trade.20 SECTION 13. In Colorado Revised Statutes, 8-83-502, amend21 (5)(d) as follows:22 8-83-502. Definitions. As used in this part 5, unless the context23 otherwise requires:24 (5) "Eligible entity" means the following entities that serve a coal25 transition community and that may apply for a grant:26 (d) An apprenticeship program that is registered with the United27 051 -21- States department of labor or a state apprenticeship council AGENCY1 RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR ;2 SECTION 14. In Colorado Revised Statutes, 8-83-504.5, amend3 (1)(a)(III)(A) as follows:4 8-83-504.5. Additional coal transition workforce assistance5 program funding - coal transition workforce assistance program6 account. (1) (a) (III) Subject to annual appropriation by the general7 assembly, the department shall expend money from the account for coal8 transition workforce assistance programs that directly assist coal9 transition workers or their family members and other household members,10 including programs that:11 (A) Establish or expand existing apprenticeship programs, the12 training capacity of such programs, and the placement of coal transition13 workers into such programs, prioritizing programs that are recognized as14 registered apprenticeship programs by the department or are15 industry-recognized apprenticeship programs that satisfy United States16 department of labor requirements for such programs A STATE17 APPRENTICESHIP AGENCY RECOGNIZED BY THE UNITED STATES18 DEPARTMENT OF LABOR;19 SECTION 15. In Colorado Revised Statutes, 8-83-601, amend20 (7) as follows:21 8-83-601. Definitions. As used in this part 6:22 (7) "Office" means the office of future OF work described 23 CREATED in section 8-77-110 8-15.8-103.24 SECTION 16. In Colorado Revised Statutes, 12-115-115, amend25 (3)(c) as follows:26 12-115-115. Apprentices - supervision - registration -27 051 -22- discipline - rules. (3) (c) By January 1, 2022, and by January 1 each1 year, thereafter, an electrical contractor, an apprenticeship program2 registered with the United States department of labor's employment and3 training administration OFFICE OF APPRENTICESHIP , and a state4 apprenticeship council AGENCY recognized by the United States5 department of labor that employs an apprentice in this state shall report6 to the board the name and contact information of each apprentice in the7 apprenticeship program and the cumulative number of practical training8 hours and certified classroom hours each apprentice has completed9 toward the journeyman electrician licensure requirements specified in10 section 12-115-110. The board shall keep the information reported11 pursuant to this subsection (3)(c) confidential from all parties other than12 from the apprentice through the apprentice's individual registration13 account. The department of regulatory agencies shall, if existing14 resources are available or if the department receives gifts, grants, or15 donations pursuant to subsection (7) of this section, indicate whether the16 apprentice has completed the required practical training hours and17 classroom hours in the department of regulatory agency's online18 apprenticeship directory.19 SECTION 17. In Colorado Revised Statutes, 12-155-124, amend20 (3) and (6) as follows:21 12-155-124. Apprentices - rules. (3) By July 1, 2022, and by22 July 1 each year, thereafter, a registered plumbing contractor, an23 apprenticeship program registered with the United States department of24 labor's employment and training administration OFFICE OF25 APPRENTICESHIP, and a state apprenticeship council AGENCY recognized26 by the United States department of labor that employs a plumbing27 051 -23- apprentice in this state shall report to the board the name and contact1 information of each plumbing apprentice in the apprenticeship program2 and the cumulative number of practical training hours each plumbing3 apprentice has completed toward the licensure requirements specified in4 section 12-155-110. The board shall keep the information reported5 pursuant to this subsection (3) confidential from all parties other than6 from the plumbing apprentice through the plumbing apprentice's7 individual registration account. The department of regulatory agencies8 shall, if existing resources are available or if the department receives9 gifts, grants, or donations pursuant to subsection (8) of this section,10 indicate whether the plumbing apprentice has completed the required11 practical training hours in the department of regulatory agencies' online12 apprenticeship directory.13 (6) A registered plumbing contractor, an apprenticeship program14 registered with the United States department of labor's employment and15 training administration OFFICE OF APPRENTICESHIP , and a state16 apprenticeship council AGENCY recognized by the United States17 department of labor shall remove each plumbing apprentice that is no18 longer employed as an apprentice from the apprenticeship program and19 annually notify the board of the termination of the employment.20 SECTION 18. In Colorado Revised Statutes, 22-35-103, amend21 (1) as follows:22 22-35-103. Definitions. As used in this article 35, unless the23 context otherwise requires:24 (1) "Apprenticeship program" means a Colorado-based25 apprenticeship program that is registered with the United States26 department of labor's office of apprenticeship or a state apprenticeship27 051 -24- program AGENCY recognized by the United States department of labor.1 SECTION 19. In Colorado Revised Statutes, 22-54-138, amend2 (1)(b) and (1)(c)(II) as follows:3 22-54-138. Career development success program - created -4 funding - report - legislative declaration - definitions - repeal. (1) As5 used in this section, unless the context otherwise requires:6 (b) "Construction industry apprenticeship program" means an7 apprenticeship program registered with the office of apprenticeship in the8 United States department of labor or a state apprenticeship program9 AGENCY recognized by the United States department of labor that trains10 individuals for careers in the construction industry.11 (c) "Construction industry pre-apprenticeship program" means a12 program or set of strategies that:13 (II) Has a documented relationship with at least one14 apprenticeship program registered with the office of apprenticeship in the15 United States department of labor or a state apprenticeship program16 AGENCY recognized by the United States department of labor; and17 SECTION 20. In Colorado Revised Statutes, 24-1-121, add18 (3)(m) as follows:19 24-1-121. Department of labor and employment - creation.20 (3) The department of labor and employment consists of the following21 divisions and programs:22 (m) T HE OFFICE OF FUTURE OF WORK, THE HEAD OF WHICH IS THE23 DIRECTOR OF THE OFFICE OF FUTURE OF WORK , CREATED IN SECTION24 8-15.8-103. THE OFFICE OF FUTURE OF WORK AND THE OFFICE'S DIRECTOR25 ARE TYPE 2 ENTITIES, AS DEFINED IN SECTION 24-1-105, AND EXERCISE26 THEIR POWERS AND PERFORM THEIR DUTIES AND FUNCTIONS SPECIFIED BY27 051 -25- LAW UNDER THE DEPARTMENT OF LABOR AND EMPLOYMENT .1 SECTION 21. In Colorado Revised Statutes, 24-46.3-103, repeal2 (3)(a)(VIII) as follows:3 24-46.3-103. Key industries talent pipeline working group.4 (3) (a) In doing the work specified in subsection (2) of this section, the5 state council, in partnership with the department of higher education, the6 department of education, the department of labor and employment, and7 the Colorado office of economic development, shall coordinate the8 production of an annual Colorado talent report. In preparing the annual9 Colorado talent report, the state council, the departments, and the office10 may use previously collected data and are not required to collect new data11 for the purposes of the report. The talent report shall:12 (VIII) Include the report and recommendations from the13 department of labor and employment regarding pre-apprenticeship and14 apprenticeship in Colorado, prepared as required by section 8-15-101,15 C.R.S.; and16 SECTION 22. In Colorado Revised Statutes, 24-46.3-104,17 amend (2)(a); and add (2)(b.5) as follows:18 24-46.3-104. Career pathways - design - legislative declaration19 - definitions. (2) As used in this section, unless the context otherwise20 requires:21 (a) "Apprenticeship" means a registered apprenticeship program22 with a written plan that is designed to move an apprentice from a low- or23 no-skill entry-level position to full occupational proficiency. The program24 must comply with the parameters established under the "National25 Apprenticeship Act", 29 U.S.C. sec. 50, as amended, and its promulgating26 regulations PROMULGATED UNDER THE ACT , and MUST BE administered by27 051 -26- the United State's STATES department of labor's office of apprenticeship1 or must be a state apprenticeship program AGENCY recognized by the2 United States department of labor. An individual business, an employer3 association, or a labor organization sponsors a registered apprenticeship.4 Upon finishing a training program, the apprentice earns a "completion of5 registered apprenticeship" certificate, which is an industry-issued and6 nationally recognized credential that validates proficiency in an7 apprenticeable occupation, or is awarded a certificate of completion.8 pursuant to article 15.7 of title 8.9 (b.5) "C ERTIFICATE OF COMPLETION " MEANS A CERTIFICATE10 AWARDED TO AN APPRENTICE IN RECOGNITION OF THE SUCCESSFUL11 COMPLETION OF AN APPRENTICESHIP PROGRAM .12 SECTION 23. In Colorado Revised Statutes, 24-46.3-301,13 amend (1) as follows:14 24-46.3-301. Definitions. As used in this part 3, unless the15 context otherwise requires:16 (1) "Apprenticeship program" means a Colorado-based17 apprenticeship training program that is registered with the office of18 apprenticeship in the United States department of labor or a state19 apprenticeship program AGENCY recognized by the United States20 department of labor.21 SECTION 24. In Colorado Revised Statutes, 24-46.3-503,22 amend (5)(a)(II) and (5)(b) as follows:23 24-46.3-503. Strengthening photovoltaic and renewable24 careers (SPARC) workforce development program - creation - use of25 funds. (5) (a) SPARC program activities or expenditures authorized26 pursuant to this part 5 must not:27 051 -27- (II) Circumvent any established industry standard for on-the-job1 training requirements or classroom education requirements of the2 established Colorado apprenticeship programs registered through the3 United States department of labor LABOR'S office of apprenticeship4 training or a state apprenticeship council AGENCY recognized by that5 office.6 (b) To the extent possible, the SPARC program must support7 activities that support participation in Colorado apprenticeship programs8 registered through the United States department of labor LABOR'S office9 of apprenticeship training or a state apprenticeship council AGENCY10 recognized by that office and prioritize programs that seek to help11 workers attain a professional credential, an industry standard certification,12 or a professional license.13 SECTION 25. In Colorado Revised Statutes, 24-46.3-702,14 amend (2) as follows:15 24-46.3-702. Definitions. As used in this part 7, unless the16 context otherwise requires:17 (2) "Apprenticeship sponsor" means an employer, association,18 committee, or organization that operates an apprenticeship program19 registered with the United States department of labor LABOR'S OFFICE OF20 APPRENTICESHIP OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY21 THAT OFFICE.22 SECTION 26. In Colorado Revised Statutes, 24-75-112, amend23 (1)(d)(V) as follows:24 24-75-112. Annual general appropriation act - headnote25 definitions - general provisions - footnotes. (1) As used in the annual26 general appropriation act, the following definitions and general provisions27 051 -28- shall apply for the headnote terms preceding and specifying the purpose1 of certain line items of appropriation:2 (d) (V) The number of FTE specified in a particular item of3 appropriation is the number utilized to calculate the amount appropriated4 and necessary to fund any combination of part-time positions or full-time5 positions equal to such number for the fiscal year to which the annual6 general appropriation act pertains in accordance with the definition7 contained in subsections (1)(d)(II) and (1)(d)(III) of this section and is not8 a limitation on the number of FTE that may be employed. No department9 shall make a material change in the number of FTE specified in a10 particular item of appropriation prior to notifying the joint budget11 committee in writing of such change. This subsection (1)(d)(V) does not12 apply to department of personnel and administration state trainee13 positions.14 SECTION 27. In Colorado Revised Statutes, 24-92-103.5,15 amend (3)(g) as follows:16 24-92-103.5. Construction of public projects - invitation for17 best value bids. (3) The invitation for competitive sealed best value bids18 must identify the evaluation factors upon which the award will be made.19 When making the award determination, the responsible officer shall20 evaluate the factors specified in the invitation for bids and shall not21 evaluate any other factors other than those specified in the invitation for22 bids. The factors that must be included in the invitation for bids and that23 the responsible officer shall consider include, but need not be limited to:24 (g) The bidder's job standards, including the bidder's method of25 personnel procurement, employment of Colorado workers, workforce26 development and long-term career opportunities of workers, the27 051 -29- availability of training programs, including apprenticeships approved1 REGISTERED by the United States department of labor LABOR'S OFFICE OF2 APPRENTICESHIP OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY3 THAT OFFICE, the benefits provided to workers, including health-care and4 defined benefit or defined contribution retirement benefits, and whether5 the bidder pays industry-standard wages; and6 SECTION 28. In Colorado Revised Statutes, 24-92-115, amend7 (1)(a)(II) introductory portion, (1)(a)(III), (6)(a) introductory portion, and8 (6)(a)(I) as follows:9 24-92-115. Apprenticeship utilization requirements -10 mechanical, electrical, and plumbing contracts - public projects -11 definition. (1) (a) Unless prohibited by applicable federal law, and12 except as otherwise provided in subsection (1)(b) of this section, the13 contract for any public works project that does not receive federal money,14 including a public project that will have an integrated project delivery15 contract pursuant to article 93 of this title 24, in the amount of one million16 dollars or more shall require the general contractor or other firm to which17 the contract is awarded to submit, at the time the mechanical, electrical,18 or plumbing subcontractor is put under contract, documentation to the19 agency of government that:20 (II) Certifies that all firms identified participate in apprenticeship21 programs registered with the United States department of labor's22 employment and training administration OFFICE OF APPRENTICESHIP or A23 state apprenticeship councils AGENCY recognized by the United States24 department of labor and have a proven record of graduating apprentices25 as follows:26 (III) Supplies supporting documentation from the United States27 051 -30- department of labor's office of apprenticeship OR A STATE1 APPRENTICESHIP AGENCY RECOGNIZED BY THE UNITED STATES2 DEPARTMENT OF LABOR verifying the information provided in the3 certification specified in subsection (1)(a)(II) of this section.4 (6) (a) To promote and facilitate the development of new5 apprenticeship programs, an apprenticeship program that does not satisfy6 the requirements of subsection (1)(a) of this section may petition the7 department of labor and employment for conditional approval for THE8 purposes of this section. To be allowed conditional approval, an9 apprenticeship program must demonstrate the following:10 (I) The program has been registered with the United States11 department of labor's employment and training administration OFFICE OF12 APPRENTICESHIP or a state apprenticeship council AGENCY RECOGNIZED13 BY THE UNITED STATES DEPARTMENT OF LABOR and has been providing14 training for at least six months; and15 SECTION 29. In Colorado Revised Statutes, 24-92-208, amend16 (2)(b) as follows:17 24-92-208. Apprenticeship contribution rate. (2) The amount18 of the apprenticeship contribution will be set in accordance with the19 apprenticeship contribution of the collective bargaining agreement of the20 applicable trade in the geographic locality of the public project.21 Contractors shall achieve compliance with this requirement by one of the22 following options:23 (b) Contractors that are not signatory to a collective bargaining24 agreement but that are members of a multi-employer trade association that25 sponsors an apprenticeship program registered with the United States26 department of labor's employment and training administration OFFICE OF27 051 -31- APPRENTICESHIP or A STATE APPRENTICESHIP AGENCY recognized by the1 United States department of labor, or THAT directly sponsor such a2 program for their own employees, shall pay the determined apprenticeship3 contribution to that program or to a state apprenticeship council registered 4 with AGENCY RECOGNIZED BY the United States department of labor; or5 SECTION 30. In Colorado Revised Statutes, 30-20-1105, amend6 (3) introductory portion as follows:7 30-20-1105. Integrated project delivery contracting process -8 prequalification of participating entities - apprentice training.9 (3) Where an apprentice training program certified REGISTERED by the10 office of apprenticeship in the employment and training administration in11 the United States department of labor LABOR'S OFFICE OF APPRENTICESHIP12 or a state apprenticeship program AGENCY recognized by the United13 States department of labor exists in the county, or a comparable program14 AGENCY for the training of apprentices is available in the county:15 SECTION 31. In Colorado Revised Statutes, 40-2-123, amend16 (2)(d)(I) introductory portion as follows:17 40-2-123. Energy technologies - consideration by commission18 - incentives - demonstration projects - definitions - repeal.19 (2) (d) (I) In the construction or expansion of an innovative energy20 technology project approved pursuant to this subsection (2), an21 investor-owned utility shall use its own employees or qualified22 contractors, or both, but shall not use a contractor unless the contractor's23 employees have access to an apprenticeship program registered with the24 United States department of labor's office of apprenticeship or by a state25 apprenticeship council AGENCY recognized by that office; except that this26 apprenticeship requirement does not apply to:27 051 -32- SECTION 32. In Colorado Revised Statutes, 40-2-126, amend1 (5) introductory portion as follows:2 40-2-126. Transmission facilities - biennial review - energy3 resource zones - definitions - plans - approval - cost recovery -4 powerline trail consideration. (5) In any construction or expansion5 approved pursuant to this section, the utility shall use its own employees6 or qualified contractors, or both, but shall not use a contractor unless the7 contractor's employees have access to an apprenticeship program8 registered with the United States department of labor's office of9 apprenticeship or by a state apprenticeship council AGENCY recognized10 by that office; except that this apprenticeship requirement does not apply11 to:12 SECTION 33. In Colorado Revised Statutes, 40-2-127, amend13 (3.5)(b) introductory portion as follows:14 40-2-127. Community energy funds - community solar15 gardens - definitions - rules - legislative declaration - repeal.16 (3.5) Standards for construction and operation. The following17 requirements apply to any community solar garden exceeding two18 megawatts:19 (b) Following the development or acquisition by a qualifying retail20 utility of a community solar garden in which the qualifying retail utility21 retains ownership, the qualifying retail utility shall either use its own22 employees to operate and maintain the community solar garden or23 contract for operation and maintenance of the community solar garden by24 a contractor whose employees have access to an apprenticeship program25 registered with the United States department of labor's office of26 apprenticeship or with a state apprenticeship council AGENCY recognized27 051 -33- by that office; except that this apprenticeship requirement does not apply1 to:2 SECTION 34. In Colorado Revised Statutes, 40-2-127.5, amend3 (4)(b) introductory portion as follows:4 40-2-127.5. Community energy funds - community geothermal5 gardens - rules - legislative declaration - definitions - repeal.6 (4) Standards for construction and operation. The following7 requirements apply to any community geothermal garden exceeding two8 megawatts:9 (b) Following the development or acquisition by a qualifying retail10 utility of a community geothermal garden in which the qualifying retail11 utility retains ownership, the qualifying retail utility shall either use its12 own employees to operate and maintain the community geothermal13 garden or contract for operation and maintenance of the community14 geothermal garden by a contractor whose employees have access to an15 apprenticeship program registered with the United States department of16 labor's office of apprenticeship or with a state apprenticeship council17 AGENCY recognized by that office; except that this apprenticeship18 requirement does not apply to:19 SECTION 35. In Colorado Revised Statutes, 40-2-129, amend20 (1)(a) and (2) introductory portion as follows:21 40-2-129. New resource acquisitions - factors in determination22 - local employment - "best value" employment metrics - performance23 audit. (1) (a) (I) When evaluating electric resource acquisitions and24 requests for a certificate of convenience and necessity for construction or25 expansion of generating facilities, including but not limited to pollution26 control or fuel conversion upgrades and conversion of existing coal-fired27 051 -34- plants to natural gas plants, the commission shall consider, in all1 decisions involved in electric resource acquisition processes, best value2 regarding employment of Colorado labor, as defined in section 8-17-1013 (2)(a), and positive impacts on the long-term economic viability of4 Colorado communities. To this end, the commission shall require utilities5 to obtain and provide to the commission the following information6 regarding "best value" employment metrics:7 (A) The availability of training programs, including training8 through apprenticeship programs registered with the United States9 department of labor's office of apprenticeship or by state apprenticeship10 councils AGENCIES recognized by that office;11 (B) Employment of Colorado labor as compared to importation of12 out-of-state workers;13 (C) Long-term career opportunities; and14 (D) Industry-standard wages, health care, and pension benefits.15 (II) When a utility proposes to construct new facilities of its own,16 the utility shall supply similar information to the commission.17 (2) Following development or acquisition of a generating facility18 by a utility, for all generating facilities owned by the utility that do not19 emit carbon dioxide, the utility shall use utility employees or qualified20 contractors if the contractors' employees have access to an apprenticeship21 program registered with the United States department of labor's office of22 apprenticeship or by a state apprenticeship council AGENCY recognized23 by that office; except that this apprenticeship requirement does not apply24 to:25 SECTION 36. In Colorado Revised Statutes, 40-3.2-105.5,26 amend (3)(a)(I)(A), (3)(b)(I), and (4)(b)(I) as follows:27 051 -35- 40-3.2-105.5. Labor standards for gas DSM projects.1 (3) (a) The utility shall make use of a list, referred to in this section as the2 "certified contractor list", containing the names and contact information3 of:4 (I) Qualified contractors that participate in apprenticeship5 programs that:6 (A) Are registered with the United States department of labor's7 employment and training administration OFFICE OF APPRENTICESHIP or8 with a state apprenticeship council AGENCY recognized by the United9 States department of labor; and10 (b) The Colorado department of labor and employment shall11 oversee the compilation of the certified contractor list through one of the12 following methods:13 (I) Directing the state apprenticeship council AGENCY14 RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR, if available,15 to assemble the information; or16 (4) The following requirements apply to gas DSM projects in new17 or existing buildings:18 (b) (I) For plumbing, mechanical, or electrical projects that19 involve energy efficiency improvements to central building systems in a20 multifamily building that contains twenty thousand square feet or more21 of conditioned floor space and for which a rebate is to be provided22 directly to the building owner as part of a gas DSM program, the utility23 shall condition payment of the rebate on the building owner's exclusive24 use of contractors that participate in apprenticeship programs registered25 with the United States department of labor's employment and training26 administration OFFICE OF APPRENTICESHIP or with a state apprenticeship27 051 -36- council AGENCY recognized by the United States department of labor for1 any necessary plumbing or electrical work. If the contractor chosen by the2 customer is not on the certified contractor list, the utility shall require3 another method of verifying compliance with this subsection (4)(b).4 SECTION 37. In Colorado Revised Statutes, 40-3.2-105.6,5 amend (3)(a)(I) and (4)(b)(I) as follows:6 40-3.2-105.6. Labor standards for beneficial electrification7 projects. (3) (a) The utility shall obtain from the Colorado department8 of labor and employment and shall make use of a list, referred to in this9 section as the "certified contractor list", containing the names and contact10 information of:11 (I) Qualified contractors that participate in apprenticeship12 programs that are registered with the United States department of labor's13 employment and training administration OFFICE OF APPRENTICESHIP or14 with a state apprenticeship council AGENCY recognized by the United15 States department of labor; and16 (4) The following requirements apply to beneficial electrification17 projects in new or existing industrial, commercial, or multifamily18 residential buildings:19 (b) (I) For plumbing, mechanical, or electrical projects that20 involve the beneficial electrification of 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 beneficial electrification24 program, the utility shall condition payment of the rebate on the building25 owner's exclusive use of contractors that participate in apprenticeship26 programs registered with the United States department of labor's27 051 -37- employment and training administration OFFICE OF APPRENTICESHIP or1 with a state apprenticeship council AGENCY recognized by the United2 States department of labor for any necessary plumbing or electrical work.3 If the contractor chosen by the building owner is not on the certified4 contractor list, the utility shall require another method of verifying5 compliance with this subsection (4)(b).6 SECTION 38. In Colorado Revised Statutes, 40-3.2-108, amend7 (8)(d)(I) as follows:8 40-3.2-108. Clean heat targets - legislative declaration -9 definitions - plans - rules - reports. (8) Employment and utility10 workforce. (d) In all decisions approving clean heat resources to be11 acquired as part of a clean heat plan, the commission shall consider the12 long-term impacts on Colorado's utility workforce as part of a just13 transition and shall give additional weight to a project that includes:14 (I) Training programs, including training through the division of15 employment and training in the department of labor and employment16 created in section 8-83-102, or APPRENTICESHIP PROGRAMS REGISTERED17 WITH THE UNITED STATES DEPARTMENT OF LABOR 'S OFFICE OF18 APPRENTICESHIP OR a state apprenticeship council registered with AGENCY19 RECOGNIZED BY the United States department of labor;20 SECTION 39. In Colorado Revised Statutes, 40-42-107, amend21 (1)(b) introductory portion as follows:22 40-42-107. Labor standards - apprenticeship - supervision.23 (1) The authority shall ensure that, in any construction, expansion, or24 maintenance of facilities undertaken in Colorado pursuant to this article25 42, all labor is performed either by the employees of an electric utility or26 by qualified contractors, or both, and that, except as otherwise provided27 051 -38- in subsection (3) of this section, an electric utility not use a contractor1 unless:2 (b) The contractor's employees have access to an apprenticeship3 program registered with the United States department of labor's office of4 apprenticeship or by a state apprenticeship council AGENCY recognized5 by that office and meeting the additional criteria specified in subsection6 (2) of this section; except that this apprenticeship requirement does not7 apply to:8 SECTION 40. Safety clause. The general assembly hereby finds,9 determines, and declares that this act is necessary for the immediate10 preservation of the public peace, health, or safety.11 051 -39-