SENATE BILL 23-051
BY SENATOR(S) Hinrichsen and Sullivan, Bridges, Coleman, Cutter,
Danielson, Exum, Fields, Gonzales, Hansen, Jaquez Lewis, Kolker,
Marchman, Rodriguez, Winter F.;
also REPRESENTATIVE(S) Ortiz and Lukens, Amabile, Bacon, Brown,
Duran, English, Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Herod,
Jodeh, Lindsay, Lindstedt, Mabrey, McCormick, Michaelson Jenet, Parenti,
Ricks, Titone, Velasco, Weissman, Woodrow, Young, McCluskie.
C
ONCERNING PREPARATION OF A SKILLED WORKFORCE FOR THE CHANGING
NATURE OF WORK
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 15.8 to title
8 as follows:
ARTICLE 15.8
Office of Future of Work
8-15.8-101. Legislative declaration - intent. (1) T
HE GENERAL
ASSEMBLY HEREBY
:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) FINDS AND DETERMINES THAT:
(I) C
OLORADO'S POLICYMAKERS FROM ALL BACKGROUNDS FACE
SIGNIFICANT CHALLENGES IN RESPONDING TO THE RAPIDLY CHANGING
NATURE OF WORK
;
(II) A
CHANGING GLOBAL ECONOMY , RAPIDLY EMERGING
TECHNOLOGY
, DEMOGRAPHIC CHANGES, NEW ECONOMY DEMANDS , SHIFTING
SKILL NEEDS
, AND THE RISING COST OF EDUCATION , HEALTH CARE, AND
HOUSING ARE JUST A FEW FACTORS LEADING TO LABOR DISRUPTIONS
; AND
(III) WHILE THESE CHANGES HAVE BROUGHT IMMENSE ECONOMIC
BENEFIT FOR SOME
, THEY HAVE ALSO CONTRIBUTED TO STAGNANT WAGES ,
DECLINING WORKER BENEFITS, WEAKENED WORKPLACE PROTECTIONS , AND,
IN SOME CASES, PERMANENT JOB LOSSES; AND
(b) DECLARES THAT:
(I) P
OLICYMAKERS, GOVERNMENT OFFICIALS , EMPLOYERS,
EDUCATION AND TRAINING INSTITUTIONS, AND OTHER STAKEHOLDERS MUST :
(A) W
ORK TOGETHER TO CREATE AN ECONOMY THAT HELPS
WORKERS ADAPT TO THE NEW AND CHANGING JOB LANDSCAPE
; AND
(B) USE ALL TOOLS AVAILABLE TO ENSURE THAT WORKERS AND
EMPLOYERS WITHSTAND FUTURE JOB DISRUPTIONS CAUSED BY CHANGES IN
TECHNOLOGY
, TRADE, AND ORGANIZATIONAL STRUCTURE ; AND
(II) COLORADO MUST UNDERSTAND , PREPARE FOR, AND DEVELOP
EFFECTIVE STRATEGIES TO RESPOND TO THESE CHANGES
.
(2) I
T IS THE GENERAL ASSEMBLY'S INTENT THAT THE OFFICE OF
FUTURE OF WORK WILL
:
(a) S
ERVE AS THE CENTRAL POINT OF CONTACT FOR THE STATE 'S
EFFORTS TO RESPOND TO THE RAPIDLY CHANGING NATURE OF WORK
;
(b) I
NCREASE AWARENESS OF THE CHALLENGES ASSOCIATED WITH
THE FUTURE OF WORK AND DEVELOP PRIORITIES TO FOCUS STATE RESOURCES
ON MEETING THOSE CHALLENGES
;
PAGE 2-SENATE BILL 23-051 (c) CENTRALIZE RESPONSIBILITY AND ACCOUNTABILITY FOR
RESEARCHING
, ANALYZING, AND DEVELOPING RECOMMENDATIONS ON THIS
ISSUE
; AND
(d) ENCOURAGE AND CONVENE PARTICIPATION FROM A VARIETY OF
SECTORS AND STAKEHOLDERS IN
COLORADO'S ECONOMY.
8-15.8-102. Definitions. A
S USED IN THIS ARTICLE 15.8, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "D
EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
EMPLOYMENT CREATED IN SECTION
24-1-121.
(2) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT
.
(3) "OFW"
MEANS THE COLORADO OFFICE OF FUTURE OF WORK
CREATED IN SECTION
8-15.8-103.
8-15.8-103. Colorado office of future of work - creation - powers
and duties - report. (1) T
HERE IS CREATED IN THE DEPARTMENT THE
OFFICE OF FUTURE OF WORK
, THE HEAD OF WHICH IS THE DIRECTOR OF THE
OFFICE OF FUTURE OF WORK
.
(2) T
HE OFW IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105,
AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS
UNDER THE DEPARTMENT
.
(3) I
T IS THE PURPOSE OF THE OFW TO:
(a) I
DENTIFY OPPORTUNITIES FOR COLORADO'S COMMUNITIES TO
TRANSITION EFFECTIVELY TO EMERGING INDUSTRIES AND
, WHERE
APPROPRIATE
, CONSULT WITH THE JUST TRANSITION OFFICE , CREATED IN
SECTION
8-83-503, AND OTHER STATE AGENCIES TO ALIGN SUCH EFFORTS ;
(b) E
NSURE THE INCLUSION OF KEY STAKEHOLDERS FROM ALL
SECTORS AND ENGAGE PARTNERSHIPS ACROSS PUBLIC AND PRIVATE
SECTORS
, INCLUDING INDUSTRY, ACADEMIA, EMPLOYERS, EMPLOYEES,
NONPROFIT ORGANIZATIONS, AND GOVERNMENT;
PAGE 3-SENATE BILL 23-051 (c) 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
;
(d) E
XPLORE 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 IN
COLORADO, AND THE IDENTIFICATION OF
NEW POLICY AND PROGRAM SOLUTIONS
; AND
(e) AS FUNDING ALLOWS, UNDERTAKE STUDIES, RESEARCH, AND
FACTUAL REPORTS TO GATHER INSIGHT AND TO FORMULATE AND PRESENT
RECOMMENDATIONS TO THE GOVERNOR
, STATE AGENCIES, AND THE
GENERAL ASSEMBLY RELATED TO ISSUES OF CONCERN AND IMPORTANCE TO
COLORADO'S FUTURE WORKFORCE.
8-15.8-104. Reports - recommendations. (1) T
HE OFW SHALL
PERIODICALLY MAKE RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR TO
MAKE ADJUSTMENTS TO THE SCOPE AND EXPECTED WORK PRODUCT OF THE
OFW, AS NECESSARY, TO ADJUST TO CHANGING ECONOMIC CONDITIONS .
(2) A
T LEAST ONCE EVERY CALENDAR YEAR BEGINNING IN 2023, THE
EXECUTIVE DIRECTOR SHALL SUBMIT A REPORT TO THE GOVERNOR THAT
INCLUDES RECOMMENDATIONS FOR POTENTIAL POLICY INITIATIVES
.
8-15.8-105. Funding for the office. T
HE GENERAL ASSEMBLY MAY
APPROPRIATE MONEY FROM THE GENERAL FUND OR FROM ANY OTHER
AVAILABLE SOURCE TO THE DEPARTMENT FOR ALLOCATION TO THE
OFW
FOR THE PURPOSES SPECIFIED IN THIS ARTICLE 15.8. THE OFW MAY SEEK,
ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR
PUBLIC SOURCES FOR THE PURPOSES OF THIS ARTICLE
15.8.
SECTION 2. In Colorado Revised Statutes, repeal 8-77-110 as
follows:
8-77-110. Office of future work - study - report. (1) The office
of future work in the department of labor and employment, created by
executive order B 2019 009, shall, within the scope of the executive order,
PAGE 4-SENATE BILL 23-051 study unemployment assistance as part of its study on the modernization of
worker benefits and protections.
(2) On or before January 15, 2021, the office of future work shall
submit an initial report as directed by executive order B 2019 009 to the
governor and to the business, labor, and technology committee of the senate
and the business affairs and labor committee of the house of representatives,
or their successor committees.
SECTION 3. In Colorado Revised Statutes, 8-15.7-101, amend
(2)(c), (3), (4), (6), (14), (15), and (17); repeal (10); and add (6.3), (6.5),
(9.5), (12.5), and (13.5) as follows:
8-15.7-101. Definitions. As used in this article 15.7, unless the
context otherwise requires:
(2) "Apprenticeable occupation" means an occupation specified by
an industry that involves the progressive attainment of skills, competencies,
and knowledge that are:
(c) Offered through a time-based, competency-based, or hybrid
model that the director has determined meets the requirements of this article
15.7 and 29 CFR 29 and 30
CONFORMS WITH FEDERAL REGULATIONS .
(3) "Apprenticeship agreement" means a written agreement between
an apprentice and a sponsor
OR AN APPRENTICESHIP COMMITTEE ACTING AS
AGENT FOR THE SPONSOR
, IN CONFORMITY WITH FEDERAL REGULATIONS .
(4) "Apprenticeship program" means a program that:
(a) Is established by a sponsor for training individuals for one or
more apprenticeable occupations;
(b) Combines on-the-job training and related instruction according
to the specifications established by federal law and this article 15.7 A PLAN
CONTAINING ALL TERMS AND CONDITIONS FOR THE QUALIFICATION
,
RECRUITMENT, SELECTION, EMPLOYMENT, AND TRAINING OF APPRENTICES
THAT MEETS THE REQUIREMENTS OF THIS ARTICLE
15.7 AND CONFORMS WITH
FEDERAL REGULATIONS
, INCLUDING THE REQUIREMENT FOR A WRITTEN
APPRENTICESHIP AGREEMENT
.
PAGE 5-SENATE BILL 23-051 (6) "Certificate of registration" means a document issued by the
SAA to a sponsor that indicates that the sponsor's apprenticeship program
is registered pursuant to this article 15.7 DOCUMENTATION THAT A
REGISTRATION AGENCY HAS REGISTERED AN APPRENTICESHIP PROGRAM
PURSUANT TO THIS ARTICLE
15.7 AND IN CONFORMITY WITH FEDERAL
REGULATIONS
, AS EVIDENCED BY A CERTIFICATE OF REGISTRATION OR OTHER
WRITTEN DOCUMENTATION
.
(6.3) "C
OMMITTEE FOR APPRENTICESHIP IN NEW AND EMERGING
INDUSTRIES
" OR "CANEI" MEANS THE COMMITTEE FOR APPRENTICESHIP IN
NEW AND EMERGING INDUSTRIES CREATED IN SECTION
8-15.7-104.
(6.5) "C
OMMITTEE FOR APPRENTICESHIP IN THE BUILDING AND
CONSTRUCTION TRADES
" OR "CABCT" MEANS THE COMMITTEE FOR
APPRENTICESHIP IN THE BUILDING AND CONSTRUCTION TRADES CREATED IN
SECTION
8-15.7-103.
(9.5) "F
EDERAL REGULATIONS " MEANS THE REGULATIONS
PROMULGATED BY THE
UNITED STATES SECRETARY OF LABOR UNDER THE
"NATIONAL APPRENTICESHIP ACT", 29 U.S.C. SEC. 50.
(10) "Interagency advisory committee on apprenticeship" or "IAC"
means the interagency advisory committee on apprenticeship created in
section 8-15.7-104.
(12.5) "RECOGNIZED STATE APPRENTICESHIP AGENCY " MEANS THE
STATE APPRENTICESHIP AGENCY
, IF RECOGNIZED BY THE UNITED STATES
DEPARTMENT OF LABOR
, OR ANY OTHER STATE APPRENTICESHIP AGENCY
RECOGNIZED BY THE
UNITED STATES DEPARTMENT OF LABOR AS THE
APPRENTICESHIP AGENCY FOR THE STATE
.
(13.5) "R
EGISTRATION AGENCY" MEANS THE UNITED STATES
DEPARTMENT OF LABOR
'S OFFICE OF APPRENTICESHIP OR A RECOGNIZED
STATE APPRENTICESHIP AGENCY
.
(14) "Registration of an apprenticeship program" or
"Registration
of apprenticeship programs" means the registration by the SAA of an
apprentice program that meets the basic standards and requirements
established pursuant to this article 15.7 for purposes of meeting federal
requirements, as evidenced by a certificate of registration ACCEPTANCE AND
PAGE 6-SENATE BILL 23-051 RECORDING OF AN APPRENTICESHIP PROGRAM BY THE UNITED STATES
DEPARTMENT OF LABOR
'S OFFICE OF APPRENTICESHIP, OR REGISTRATION OR
APPROVAL BY A STATE APPRENTICESHIP AGENCY THAT IS RECOGNIZED BY
THE
UNITED STATES DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP
IN CONFORMITY WITH FEDERAL REGULATIONS
. APPROVAL IS EVIDENCED BY
A CERTIFICATE OF REGISTRATION OR OTHER WRITTEN DOCUMENTATION
.
(15) "Sponsor" means: an employer, a joint labor-management
organization, a trade association, a professional association, a labor
organization, an education and training provider, or a qualified intermediary
that is applying to register an apprenticeship program.
(a) ANY PERSON, ASSOCIATION, COMMITTEE, OR ORGANIZATION
OPERATING AN APPRENTICESHIP PROGRAM AND IN WHOSE NAME THE
PROGRAM IS REGISTERED OR APPROVED
; OR
(b) ANY PERSON, ASSOCIATION, COMMITTEE, OR ORGANIZATION
THAT IS OPERATING AN APPRENTICESHIP PROGRAM AND IS APPLYING TO
HAVE THE APPRENTICESHIP PROGRAM REGISTERED OR APPROVED IN ITS
NAME
.
(17) "State apprenticeship council" or "SAC" means the state
apprenticeship council created in
ESTABLISHED PURSUANT TO section
8-15.7-103 8-15.7-105.
SECTION 4. In Colorado Revised Statutes, 8-15.7-102, amend (1)
and (4); and add (1)(b.5) and (5) as follows:
8-15.7-102. State apprenticeship agency - created - director -
powers and duties - rules. (1) There is hereby created in the department
the state apprenticeship agency. The executive director shall appoint a
director of the SAA. The SAA shall:
(a) Serve as the primary point of contact with the United States
department of labor's office of apprenticeship;
(b) Accelerate new apprenticeship program growth on a
geographically diverse basis, especially in high-demand occupations, while
ensuring quality standards;
PAGE 7-SENATE BILL 23-051 (b.5) ESTABLISH THE STATE APPRENTICESHIP COUNCIL , WHICH
OPERATES UNDER THE DIRECTION OF THE
SAA, TO PROVIDE ADVICE AND
GUIDANCE TO THE
SAA;
(c) Encourage the development of and assist in the establishment of
apprenticeship programs and promote enrollment in apprenticeship
programs by providing technical and compliance assistance to sponsors,
apprentices, and apprenticeship programs and ensuring program compliance
with apprenticeship standards PROVIDE ADMINISTRATIVE SUPPORT TO THE
SAC IN CARRYING OUT ITS DUTIES;
(d) Register and oversee apprenticeship programs and
apprenticeship agreements WORK IN PARTNERSHIP WITH RELEVANT STATE
AGENCIES TO REDUCE DUPLICATION OF POST
-SECONDARY PROGRAM
APPROVAL
;
(e) Issue certificates of registration to existing apprenticeship
programs SEEK RECOGNITION BY THE UNITED STATES DEPARTMENT OF
LABOR AND OPERATE THE
SAA IN CONFORMITY WITH FEDERAL
REGULATIONS
;
(f) Issue certificates of registration to sponsors of apprenticeship
programs; COORDINATE THE REGISTERED APPRENTICESHIP PROGRAMS WITH
COLORADO'S ECONOMIC DEVELOPMENT STRATEGIES AND PUBLICLY FUNDED
WORKFORCE INVESTMENT SYSTEM
; AND
(g) Determine required standards for registration of anapprenticeship program;
(h) Perform quality assurance assessments;
(i) Approve the appropriate implementation of an apprenticeship
program;
(j) Maintain adequate records concerning registration requirements,
approved program standards, the apprentices in each registered
apprenticeship program, deregistration actions, compliance reviews and
investigations, and any other matters stipulated by the United States
department of labor's office of apprenticeship that are pertinent to
compliance by apprenticeship programs with the requirements of this article
PAGE 8-SENATE BILL 23-051 15.7;
(k) Monitor and evaluate apprenticeship programs' performance and
compliance with federal and state standards. and report to the SAC and the
IAC on the outcome of quality assurance assessments;
(l) Complete deregistration of apprenticeship programs that do not
meet the requirements of this article 15.7;
(m) Review apprenticeship programs for reinstatement of
registration;
(n) Submit an equal employment opportunity in apprenticeship state
plan to the United States department of labor's office of apprenticeship;
(o) Create a policy of reciprocity with other states to ensure the
registration of apprenticeship programs;
(p) Award certificates of completion and monitor apprentices with
active status, apprenticeship completions, and the ongoing operation of
registered apprenticeship programs;
(q) Provide administrative support to the SAC and the IAC in
carrying out their duties; and
(r) Work in partnership with relevant state agencies to reduce
duplication of post-secondary program approval.
(4) The director may promulgate rules as necessary to implement
this article 15.7, including rules affecting the registration, performance, and
legal compliance of apprenticeship programs WHICH RULES MUST CONFORM
WITH FEDERAL REGULATIONS
.
(5) (a) T
HE DIRECTOR MAY:
(I) A
PPROVE THE REGISTRATION OF APPRENTICESHIP PROGRAMS IN
CONFORMITY WITH FEDERAL REGULATIONS
; AND
(II) APPROVE THE DEREGISTRATION OF APPRENTICESHIP PROGRAMS
AT THE REQUEST OF THE SPONSOR OR AFTER A HEARING PURSUANT TO
PAGE 9-SENATE BILL 23-051 SECTION 8-15.7-107.
(b) T
HE DETERMINATION OF THE DIRECTOR IS A FINAL AGENCY
ACTION THAT IS SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION
24-4-106.
SECTION 5. In Colorado Revised Statutes, 8-15.7-103, amend (1),
(2)(a) introductory portion, (2)(a)(II) introductory portion, (2)(c), (2)(f)
introductory portion, (2)(f)(I), (2)(g), and (3) as follows:
8-15.7-103. Committee for apprenticeship in the building and
construction trades - created - members - powers and duties. (1) The
director shall establish the state apprenticeship council to overseeCOMMITTEE FOR APPRENTICESHIP IN THE BUILDING AND CONSTRUCTION
TRADES AS A SUBCOMMITTEE OF THE
SAC TO ADVISE THE SAA ON
registered apprenticeship programs for the building and construction trades
in the state.
(2) (a) The SAC
CABCT consists of sixteen members appointed as
follows:
(II) The governor shall appoint seven nonvoting, ex officio members
to serve on the SAC CABCT and the IAC CANEI as follows:
(c) The director shall appoint one member of the SAC CABCT to
serve as the chair for a term of two years. A chair may be appointed to serve
no more than two full terms.
(f) The SAC
CABCT:
(I) Shall meet at least quarterly and at the request of the director as
needed to accomplish the objectives of the SAC CABCT;
(g) No member of the SAC CABCT may receive any compensation
from an apprenticeship program.
(3) For the building and construction trades, the SAC CABCT shall
PERFORM THE FOLLOWING DUTIES AS A SUBCOMMITTEE OF THE SAC:
(a) Register with and maintain the standards of the United States
PAGE 10-SENATE BILL 23-051 department of labor's office of apprenticeship and develop minimum
standards for registration of apprenticeship programs ADVISE THE SAA ON
THE MINIMUM STANDARDS FOR REGISTRATION OF APPRENTICESHIP
PROGRAMS
;
(b) Resolve conflicts and complaints that arise between parties to an
apprenticeship agreement when a conflict exists, after the conflict has been
addressed by local entities charged with this function under the relevant
apprenticeship program standards and the SAA ADVISE THE SAA ON STATE
PLANS
, RULES, AND ADMINISTRATIVE PROCEDURES PERTINENT TO THE
OPERATION OF APPRENTICESHIP PROGRAMS AND EQUAL EMPLOYMENT
OPPORTUNITIES IN APPRENTICESHIPS
;
(c) Review program performance standards and make findings offact and decisions on enforcement actions based on each review SUPPORT
THE
SAA IN COMMUNICATIONS, TECHNICAL ASSISTANCE, AND PROMOTING
PROMISING PRACTICES IN REGISTERED APPRENTICESHIP PROGRAMS
; AND
(d) Recommend additions and changes concerning rules about
apprenticeship programs to the director; PROVIDE AN ANNUAL REPORT TO
THE EXECUTIVE DIRECTOR WITH APPRENTICESHIP DATA DISAGGREGATED BY
AGE
, RACE, GENDER, VETERAN STATUS, DISABILITY, AND INDUSTRY.
(e) Provide technical and professional guidance for identifying and
promoting best practices in registered apprenticeship programs;
(f) Develop administrative policies that ensure the safety and quality
of registered apprenticeship programs and address, as warranted, the related
needs of Colorado's businesses, the labor workforce, and communities;
(g) Provide an annual report to the executive director with
apprenticeship data disaggregated by age of population, race, gender,
veteran status, disability, and industry;
(h) Advise the SAA regarding effective performance of the SAC's
assigned functions; and
(i) Formulate policies for the building and construction trades as
may be necessary to carry out the purposes of this article 15.7.
PAGE 11-SENATE BILL 23-051 SECTION 6. In Colorado Revised Statutes, 8-15.7-104, amend (1),
(2)(a) introductory portion, (2)(a)(II), (2)(b)(III), (2)(e) introductory portion,
(2)(e)(I), (2)(f), and (3) as follows:
8-15.7-104. Committee for apprenticeship in new and emerging
industries - created - members - powers and duties. (1) The director
shall establish the interagency advisory committee on apprenticeship to
oversee COMMITTEE FOR APPRENTICESHIP IN NEW AND EMERGING
INDUSTRIES AS A SUBCOMMITTEE OF THE
SAC TO ADVISE THE SAA ON
apprenticeship programs that are not within the jurisdiction of the SACCABCT.
(2) (a) The IAC CANEI consists of fourteen members appointed as
follows:
(II) The governor shall appoint the six nonvoting, ex officio
members, one of whom is a representative of the department of higher
education, and five of whom are appointed pursuant to section 8-15.7-103
(2)(a)(II), to the IAC
CANEI.
(b) (III) The director shall appoint one member of the IAC CANEI
to serve as the chair for a term of two years. A chair may be appointed to
serve no more than two full terms.
(e) The IAC
CANEI:
(I) Shall meet at least quarterly and at the request of the director as
needed to accomplish the objectives of the IAC CANEI;
(f) No member of the IAC CANEI may receive any compensation
from an apprenticeship program.
(3) For all apprenticeships that are not within the building and
construction trades and not under the jurisdiction of the SAC CABCT, the
IAC CANEI shall PERFORM THE FOLLOWING DUTIES AS A SUBCOMMITTEE
OF THE
SAC:
(a) Register with and maintain the standards of the United Statesdepartment of labor's office of apprenticeship and develop minimum
standards for registration of apprenticeship programs ADVISE THE SAA ON
PAGE 12-SENATE BILL 23-051 THE MINIMUM STANDARDS FOR REGISTRATION OF APPRENTICESHIP
PROGRAMS
;
(b) Resolve conflicts and complaints that arise between parties to anapprenticeship agreement when a conflict exists, after the conflict has been
addressed by local entities charged with this function under the relevant
apprenticeship program standards and the SAA ADVISE THE SAA ON STATE
PLANS
, RULES, AND ADMINISTRATIVE PROCEDURES PERTINENT TO THE
OPERATION OF APPRENTICESHIP PROGRAMS AND EQUAL EMPLOYMENT
OPPORTUNITIES IN APPRENTICESHIPS
;
(c) Review program performance standards and make findings offact and decisions on enforcement actions based on each review SUPPORT
THE
SAA IN COMMUNICATIONS, TECHNICAL ASSISTANCE, AND PROMOTING
PROMISING PRACTICES IN REGISTERED APPRENTICESHIP PROGRAMS
; AND
(d) Recommend additions and changes concerning rules about
apprenticeship programs to the director; PROVIDE AN ANNUAL REPORT TO
THE EXECUTIVE DIRECTOR WITH APPRENTICESHIP DATA DISAGGREGATED BY
AGE
, RACE, GENDER, VETERAN STATUS, DISABILITY, AND INDUSTRY.
(e) Provide technical and professional guidance for identifying and
promoting best practices in registered apprenticeship programs;
(f) Develop administrative policies that ensure the safety and quality
of registered apprenticeship programs and address, as warranted, the related
needs of Colorado's businesses, the labor workforce, and communities;
(g) Provide an annual report to the executive director with
apprenticeship data disaggregated by age of population, race, gender,
veteran status, disability, and industry;
(h) Advise the SAA regarding effective performance of the IAC's
assigned functions; and
(i) Formulate policies for the industries within the IAC's jurisdiction
as may be necessary to carry out the purposes of this article 15.7.
SECTION 7. In Colorado Revised Statutes, amend 8-15.7-105 as
follows:
PAGE 13-SENATE BILL 23-051 8-15.7-105. State apprenticeship council - created - members
powers - duties. (1) (a) The chairs of the SAC and the IAC shall establish
an ad hoc joint resolution committee of the SAC and IAC, referred to in this
section as the "ad hoc committee". The ad hoc committee consists of two
members from both the IAC and the SAC appointed by the director. The ad
hoc committee shall resolve conflicts that arise between the SAC and the
IAC and shall define the jurisdiction of the SAC and the IAC. THE
DIRECTOR SHALL ESTABLISH THE STATE APPRENTICESHIP COUNCIL TO
PROVIDE ADVICE AND GUIDANCE TO THE STATE APPRENTICESHIP AGENCY ON
THE OPERATION OF THE STATE
'S APPRENTICESHIP SYSTEM.
(b) T
HE SAC:
(I) I
S COMPOSED OF PERSONS FAMILIAR WITH APPRENTICEABLE
OCCUPATIONS
;
(II) I
NCLUDES AN EQUAL NUMBER OF REPRESENTATIVES OF
EMPLOYER AND EMPLOYEE ORGANIZATIONS AND INCLUDES MEMBERS OF THE
PUBLIC WHO MUST NOT NUMBER MORE THAN THE NUMBER OF
REPRESENTATIVES OF EITHER EMPLOYER OR EMPLOYEE ORGANIZATIONS
;
(III) I
NCLUDES ALL THE MEMBERS OF THE CABCT AND CANEI.
(c) T
HE CHAIRS OF THE CABCT AND CANEI SHALL SERVE AS
CO
-CHAIRS OF THE SAC.
(1.5) T
HE SAC MAY CONVENE ADDI TIONAL SUBCOMMITTEES AS
NEEDED TO FULFILL ITS DUTIES
.
(2) The ad hoc committee of the SAC and the IAC
SAC shall:
(a) Publish a statement defining the SAC's CABCT'S jurisdiction of
the building and construction trades, and update the statement periodically
as necessary as determined by the ad hoc committee
SAC; and
(b) Resolve conflicts and complaints that arise between the SAC
CABCT and the IAC CANEI as determined by the ad hoc committee SAC.
(3) If there is a tie among the ad hoc committee SAC members in
determining a resolution to a conflict, the director shall break the tie. A
PAGE 14-SENATE BILL 23-051 decision of the ad hoc committee SAC is final.
(4) The SAC CABCT has jurisdiction over apprenticeship programs
for occupations in the building and construction trades. For purposes of this
section, occupations are in the building and construction trades if either:
(a) Workers in the occupation perform construction, reconstruction,
renovation, alteration, demolition, painting, repair, or maintenance work for
roads, highways, buildings, structures, industrial facilities,
OR ENERGY
PRODUCTION
, ENERGY TRANSMISSION , OR ENERGY DISTRIBUTION , or
improvements of any type; or
(b) Apprentices in the apprenticeship program will be employed by
licensed contractors.
SECTION 8. In Colorado Revised Statutes, 8-15.7-106, amend (1),
(2), (3)(a), and (3)(b)(III) as follows:
8-15.7-106. Application for registration of apprenticeship
programs - diversity initiatives - deregistration - rules. (1) On and after
July 1, 2023 WITHIN THIRTY DAYS AFTER THE UNITED STATES DEPARTMENT
OF LABOR RECOGNIZES THE
SAA, the SAA shall accept applications for the
registration of apprenticeship programs pursuant to 29 CFR 29 and 30
IN
CONFORMITY WITH FEDERAL REGULATIONS
.
(2) Each apprenticeship program that registers with the SAA shall
adopt a written diversity recruitment plan that ensures equal opportunity in
the recruitment, selection, employment, and training of apprentices. The
recruitment
plan must include the adoption of COMPLY WITH federal
regulations concerning equal employment. under 29 CFR 29 and 30. The
SAA shall ensure compliance with the federal regulations by filing the FILE
A COMPLIANT
equal employment opportunity in apprenticeship state plan
pursuant to section 8-15.7-102 (1)(n)
IN CONFORMITY WITH FEDERAL
REGULATIONS
.
(3) (a) The SAA may deregister an apprenticeship program at the
request of the sponsor or, after a hearing pursuant to section 8-15.7-107
IN
CONFORMITY WITH FEDERAL REGULATIONS
, for noncompliance with this
article 15.7 pursuant to conditions and rules established by the SAA.
PAGE 15-SENATE BILL 23-051 (b) Any apprenticeship program deregistered for noncompliance
with this article 15.7 or any rules promulgated pursuant to this article 15.7
may present evidence to the SAA that the program is compliant. The
apprenticeship program's registration may be reinstated:
(III) If the apprenticeship program is prepared to immediately
enroll
one or more apprentices.
SECTION 9. In Colorado Revised Statutes, repeal and reenact,
with amendments, 8-15.7-107 as follows:
8-15.7-107. Hearings. (1) T
HE SAA SHALL CONDUCT HEARINGS
FOR THE PURPOSE OF RESOLVING COMPLIANCE ISSUES OR DEREGISTRATION
ISSUES WITH A REGISTERED APPRENTICESHIP PROGRAM IN CONFORMITY WITH
FEDERAL REGULATIONS
.
(2) T
HE DETERMINATION OF THE SAA IS A FINAL AGENCY ACTION
THAT IS SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION
24-4-106.
(3) S
PONSORS MAY APPEAL TO THE UNITED STATES DEPARTMENT OF
LABOR
'S OFFICE OF APPRENTICESHIP FOR A FINAL DETERMINATION IN
CONFORMITY WITH FEDERAL REGULATIONS
.
SECTION 10. In Colorado Revised Statutes, 8-15.7-108, amend
(1) introductory portion and (1)(d) as follows:
8-15.7-108. Rules. (1) The director may promulgate rules to
implement this article 15.7, including
WHICH RULES MUST CONFORM WITH
FEDERAL REGULATIONS
. THE RULES MAY INCLUDE, BUT ARE NOT LIMITED TO,
rules that address:
(d) Grievance procedures for complaints not under the jurisdiction
of the United States equal employment opportunity commission, including
complaints concerning apprentices not moving through an apprenticeship
program in a timely manner and insufficient on-the-job training
LEARNING
or classroom time.
SECTION 11. In Colorado Revised Statutes, 8-14.3-202, amend
(2) as follows:
PAGE 16-SENATE BILL 23-051 8-14.3-202. Definitions. As used in this part 2, unless the context
otherwise requires:
(2) "Apprenticeship" means an apprenticeship training program
registered with the United States department of labor's office of
apprenticeship or a state apprenticeship program
AGENCY recognized by the
United States department
OF labor.
SECTION 12. In Colorado Revised Statutes, 8-73-108, amend
(4)(f)(I)(E) as follows:
8-73-108. Benefit awards - definitions. (4) Full award. An
individual separated from a job must be given a full award of benefits if the
division determines that any of the following reasons and pertinent related
conditions exist. The determination of whether or not the separation from
employment must result in a full award of benefits is the responsibility of
the division. The following reasons must be considered, along with any
other factors that may be pertinent to such determination:
(f) (I) Due to the particular nature of the building and construction
industry, construction workers who quit a construction job to accept a
different construction job in any of the following circumstances:
(E) Quitting a job outside the worker's regular apprenticeable trade
to return to work in his or her
THE WORKER'S regular apprenticeable trade.
For purposes of this paragraph (f), a AS USED IN THIS SUBSECTION (4)(f),
"regular apprenticeable trade" is MEANS a skilled trade or occupation in the
construction industry in which, by longstanding and recognized practice of
a significant segment of the industry, a worker generally must complete a
period of apprenticeship or training pursuant to a joint apprenticeship or
other apprenticeship program which
THAT is in accordance with
requirements for programs registered with the federal government
OR A
STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE
UNITED STATES
DEPARTMENT OF LABOR
. A worker may have more than one regular
apprenticeable trade.
SECTION 13. In Colorado Revised Statutes, 8-83-502, amend
(5)(d) as follows:
8-83-502. Definitions. As used in this part 5, unless the context
PAGE 17-SENATE BILL 23-051 otherwise requires:
(5) "Eligible entity" means the following entities that serve a coal
transition community and that may apply for a grant:
(d) An apprenticeship program that is registered with the United
States department of labor or a state apprenticeship council AGENCY
RECOGNIZED BY THE
UNITED STATES DEPARTMENT OF LABOR ;
SECTION 14. In Colorado Revised Statutes, 8-83-504.5, amend
(1)(a)(III)(A) as follows:
8-83-504.5. Additional coal transition workforce assistance
program funding - coal transition workforce assistance program
account. (1) (a) (III) Subject to annual appropriation by the general
assembly, the department shall expend money from the account for coal
transition workforce assistance programs that directly assist coal transition
workers or their family members and other household members, including
programs that:
(A) Establish or expand existing apprenticeship programs, the
training capacity of such programs, and the placement of coal transition
workers into such programs, prioritizing programs that are recognized as
registered apprenticeship programs by the department or are
industry-recognized apprenticeship programs that satisfy United States
department of labor requirements for such programs A STATE
APPRENTICESHIP AGENCY RECOGNIZED BY THE
UNITED STATES DEPARTMENT
OF LABOR
;
SECTION 15. In Colorado Revised Statutes, 8-83-601, amend (7)
as follows:
8-83-601. Definitions. As used in this part 6:
(7) "Office" means the office of future
OF work described
CREATED
in section 8-77-110 8-15.8-103.
SECTION 16. In Colorado Revised Statutes, 12-115-115, amend
(3)(c) as follows:
PAGE 18-SENATE BILL 23-051 12-115-115. Apprentices - supervision - registration - discipline
- rules. (3) (c) By January 1, 2022, and by January 1 each year, thereafter,
an electrical contractor, an apprenticeship program registered with the
United States department of labor's employment and training administration
OFFICE OF APPRENTICESHIP, and a state apprenticeship council AGENCY
recognized by the United States department of labor that employs an apprentice in this state shall report to the board the name and contact information of each apprentice in the apprenticeship program and the cumulative number of practical training hours and certified classroom hours each apprentice has completed toward the journeyman electrician licensure requirements specified in section 12-115-110. The board shall keep the information reported pursuant to this subsection (3)(c) confidential from all parties other than from the apprentice through the apprentice's individual registration account. The department of regulatory agencies shall, if existing
resources are available or if the department receives gifts, grants, or
donations pursuant to subsection (7) of this section, indicate whether the
apprentice has completed the required practical training hours and
classroom hours in the department of regulatory agency's online
apprenticeship directory.
SECTION 17. In Colorado Revised Statutes, 12-155-124, amend
(3) and (6) as follows:
12-155-124. Apprentices - rules. (3) By July 1, 2022, and by
July
1 each year, thereafter, a registered plumbing contractor, an apprenticeship
program registered with the United States department of labor's employment
and training administration OFFICE OF APPRENTICESHIP, and a state
apprenticeship council AGENCY recognized by the United States department
of labor that employs a plumbing apprentice in this state shall report to the
board the name and contact information of each plumbing apprentice in the
apprenticeship program and the cumulative number of practical training
hours each plumbing apprentice has completed toward the licensure
requirements specified in section 12-155-110. The board shall keep the
information reported pursuant to this subsection (3) confidential from all
parties other than from the plumbing apprentice through the plumbing
apprentice's individual registration account. The department of regulatory
agencies shall, if existing resources are available or if the department
receives gifts, grants, or donations pursuant to subsection (8) of this section,
indicate whether the plumbing apprentice has completed the required
practical training hours in the department of regulatory agencies' online
PAGE 19-SENATE BILL 23-051 apprenticeship directory.
(6) A registered plumbing contractor, an apprenticeship program
registered with the United States department of labor's employment and
training administration OFFICE OF APPRENTICESHIP , and a state
apprenticeship council AGENCY recognized by the United States department
of labor shall remove each plumbing apprentice that is no longer employed
as an apprentice from the apprenticeship program and annually notify the
board of the termination of the employment.
SECTION 18. In Colorado Revised Statutes, 22-35-103, amend (1)
as follows:
22-35-103. Definitions. As used in this article 35, unless the context
otherwise requires:
(1) "Apprenticeship program" means a Colorado-based
apprenticeship program that is registered with the United States department
of labor's office of apprenticeship or a state apprenticeship program
AGENCY recognized by the United States department of labor.
SECTION 19. In Colorado Revised Statutes, 22-54-138, amend
(1)(b) and (1)(c)(II) as follows:
22-54-138. Career development success program - created -
funding - report - legislative declaration - definitions - repeal. (1) As
used in this section, unless the context otherwise requires:
(b) "Construction industry apprenticeship program" means an
apprenticeship program registered with the office of apprenticeship in the
United States department of labor or a state apprenticeship program
AGENCY recognized by the United States department of labor that trains
individuals for careers in the construction industry.
(c) "Construction industry pre-apprenticeship program" means a
program or set of strategies that:
(II) Has a documented relationship with at least one apprenticeship
program registered with the office of apprenticeship in the United States
department of labor or a state apprenticeship program
AGENCY recognized
PAGE 20-SENATE BILL 23-051 by the United States department of labor; and
SECTION 20. In Colorado Revised Statutes, 24-1-121, add (3)(m)
as follows:
24-1-121. Department of labor and employment - creation.
(3) The department of labor and employment consists of the following
divisions and programs:
(m) T
HE OFFICE OF FUTURE OF WORK, THE HEAD OF WHICH IS THE
DIRECTOR OF THE OFFICE OF FUTURE OF WORK
, CREATED IN SECTION
8-15.8-103. THE OFFICE OF FUTURE OF WORK AND THE OFFICE 'S DIRECTOR
ARE TYPE
2 ENTITIES, AS DEFINED IN SECTION 24-1-105, AND EXERCISE
THEIR POWERS AND PERFORM THEIR DUTIES AND FUNCTIONS SPECIFIED BY
LAW UNDER THE DEPARTMENT OF LABOR AND EMPLOYMENT
.
SECTION 21. In Colorado Revised Statutes, 24-46.3-103, repeal
(3)(a)(VIII) as follows:
24-46.3-103. Key industries talent pipeline working group.
(3) (a) In doing the work specified in subsection (2) of this section, the
state council, in partnership with the department of higher education, the
department of education, the department of labor and employment, and the
Colorado office of economic development, shall coordinate the production
of an annual Colorado talent report. In preparing the annual Colorado talent
report, the state council, the departments, and the office may use previously
collected data and are not required to collect new data for the purposes of
the report. The talent report shall:
(VIII) Include the report and recommendations from the department
of labor and employment regarding pre-apprenticeship and apprenticeship
in Colorado, prepared as required by section 8-15-101, C.R.S.; and
SECTION 22. In Colorado Revised Statutes, 24-46.3-104, amend
(2)(a); and add (2)(b.5) as follows:
24-46.3-104. Career pathways - design - legislative declaration
- definitions. (2) As used in this section, unless the context otherwise
requires:
PAGE 21-SENATE BILL 23-051 (a) "Apprenticeship" means a registered apprenticeship program
with a written plan that is designed to move an apprentice from a low- or
no-skill entry-level position to full occupational proficiency. The program
must comply with the parameters established under the "National
Apprenticeship Act", 29 U.S.C. sec. 50, as amended, and its promulgating
regulations PROMULGATED UNDER THE ACT , and MUST BE administered by
the United State's STATES department of labor's office of apprenticeship or
must be a state apprenticeship program AGENCY recognized by the United
States department of labor. An individual business, an employer association,
or a labor organization sponsors a registered apprenticeship. Upon finishing
a training program, the apprentice earns a "completion of registered
apprenticeship" certificate, which is an industry-issued and nationally
recognized credential that validates proficiency in an apprenticeable
occupation, or is awarded a certificate of completion. pursuant to article
15.7 of title 8.
(b.5) "CERTIFICATE OF COMPLETION " MEANS A CERTIFICATE
AWARDED TO AN APPRENTICE IN RECOGNITION OF THE SUCCESSFUL
COMPLETION OF AN APPRENTICESHIP PROGRAM
.
SECTION 23. In Colorado Revised Statutes, 24-46.3-301, amend
(1) as follows:
24-46.3-301. Definitions. As used in this part 3, unless the context
otherwise requires:
(1) "Apprenticeship program" means a Colorado-based
apprenticeship training program that is registered with the office of
apprenticeship in the United States department of labor or a state
apprenticeship program
AGENCY recognized by the United States
department of labor.
SECTION 24. In Colorado Revised Statutes, 24-46.3-503, amend
(5)(a)(II) and (5)(b) as follows:
24-46.3-503. Strengthening photovoltaic and renewable careers
(SPARC) workforce development program - creation - use of funds.
(5) (a) SPARC program activities or expenditures authorized pursuant to
this part 5 must not:
PAGE 22-SENATE BILL 23-051 (II) Circumvent any established industry standard for on-the-job
training requirements or classroom education requirements of the
established Colorado apprenticeship programs registered through the United
States department of labor LABOR'S office of apprenticeship training or a
state apprenticeship council AGENCY recognized by that office.
(b) To the extent possible, the SPARC program must support
activities that support participation in Colorado apprenticeship programs
registered through the United States department of labor
LABOR'S office of
apprenticeship training or a state apprenticeship council AGENCY recognized
by that office and prioritize programs that seek to help workers attain a
professional credential, an industry standard certification, or a professional
license.
SECTION 25. In Colorado Revised Statutes, 24-46.3-702, amend
(2) as follows:
24-46.3-702. Definitions. As used in this part 7, unless the context
otherwise requires:
(2) "Apprenticeship sponsor" means an employer, association,
committee, or organization that operates an apprenticeship program
registered with the United States department of labor
LABOR'S OFFICE OF
APPRENTICESHIP OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THAT
OFFICE
.
SECTION 26. In Colorado Revised Statutes, 24-75-112, amend
(1)(d)(V) as follows:
24-75-112. Annual general appropriation act - headnote
definitions - general provisions - footnotes. (1) As used in the annual
general appropriation act, the following definitions and general provisions
shall apply for the headnote terms preceding and specifying the purpose of
certain line items of appropriation:
(d) (V) The number of FTE specified in a particular item of
appropriation is the number utilized to calculate the amount appropriated
and necessary to fund any combination of part-time positions or full-time
positions equal to such number for the fiscal year to which the annual
general appropriation act pertains in accordance with the definition
PAGE 23-SENATE BILL 23-051 contained in subsections (1)(d)(II) and (1)(d)(III) of this section and is not
a limitation on the number of FTE that may be employed. No department
shall make a material change in the number of FTE specified in a particular
item of appropriation prior to notifying the joint budget committee in
writing of such change. This subsection (1)(d)(V) does not apply to
department of personnel and administration
state trainee positions.
SECTION 27. In Colorado Revised Statutes, 24-92-103.5, amend
(3)(g) as follows:
24-92-103.5. Construction of public projects - invitation for best
value bids. (3) The invitation for competitive sealed best value bids must
identify the evaluation factors upon which the award will be made. When
making the award determination, the responsible officer shall evaluate the
factors specified in the invitation for bids and shall not evaluate any other
factors other than those specified in the invitation for bids. The factors that
must be included in the invitation for bids and that the responsible officer
shall consider include, but need not be limited to:
(g) The bidder's job standards, including the bidder's method of
personnel procurement, employment of Colorado workers, workforce
development and long-term career opportunities of workers, the availability
of training programs, including apprenticeships approved
REGISTERED by
the United States department of labor LABOR'S OFFICE OF APPRENTICESHIP
OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THAT OFFICE
, the
benefits provided to workers, including health-care and defined benefit or
defined contribution retirement benefits, and whether the bidder pays
industry-standard wages; and
SECTION 28. In Colorado Revised Statutes, 24-92-115, amend
(1)(a)(II) introductory portion, (1)(a)(III), (6)(a) introductory portion, and
(6)(a)(I) as follows:
24-92-115. Apprenticeship utilization requirements -
mechanical, electrical, and plumbing contracts - public projects -
definition. (1) (a) Unless prohibited by applicable federal law, and except
as otherwise provided in subsection (1)(b) of this section, the contract for
any public works project that does not receive federal money, including a
public project that will have an integrated project delivery contract pursuant
to article 93 of this title 24, in the amount of one million dollars or more
PAGE 24-SENATE BILL 23-051 shall require the general contractor or other firm to which the contract is
awarded to submit, at the time the mechanical, electrical, or plumbing
subcontractor is put under contract, documentation to the agency of
government that:
(II) Certifies that all firms identified participate in apprenticeship
programs registered with the United States department of labor's
employment and training administration
OFFICE OF APPRENTICESHIP or A
state apprenticeship councils AGENCY recognized by the United States
department of labor and have a proven record of graduating apprentices as
follows:
(III) Supplies supporting documentation from the United States
department of labor's office of apprenticeship
OR A STATE APPRENTICESHIP
AGENCY RECOGNIZED BY THE
UNITED STATES DEPARTMENT OF LABOR
verifying the information provided in the certification specified in
subsection (1)(a)(II) of this section.
(6) (a) To promote and facilitate the development of new
apprenticeship programs, an apprenticeship program that does not satisfy
the requirements of subsection (1)(a) of this section may petition the
department of labor and employment for conditional approval for
THE
purposes of this section. To be allowed conditional approval, an
apprenticeship program must demonstrate the following:
(I) The program has been registered with the United States
department of labor's employment and training administration
OFFICE OF
APPRENTICESHIP
or a state apprenticeship council
AGENCY RECOGNIZED BY
THE
UNITED STATES DEPARTMENT OF LABOR and has been providing
training for at least six months; and
SECTION 29. In Colorado Revised Statutes, 24-92-208, amend
(2)(b) as follows:
24-92-208. Apprenticeship contribution rate. (2) The amount of
the apprenticeship contribution will be set in accordance with the
apprenticeship contribution of the collective bargaining agreement of the
applicable trade in the geographic locality of the public project. Contractors
shall achieve compliance with this requirement by one of the following
options:
PAGE 25-SENATE BILL 23-051 (b) Contractors that are not signatory to a collective bargaining
agreement but that are members of a multi-employer trade association that
sponsors an apprenticeship program registered with the United States
department of labor's employment and training administration
OFFICE OF
APPRENTICESHIP
or A STATE APPRENTICESHIP AGENCY recognized by the
United States department of labor, or
THAT directly sponsor such a program
for their own employees, shall pay the determined apprenticeship
contribution to that program or to a state apprenticeship council registered
with AGENCY RECOGNIZED BY the United States department of labor; or
SECTION 30. In Colorado Revised Statutes, 30-20-1105, amend
(3) introductory portion as follows:
30-20-1105. Integrated project delivery contracting process -
prequalification of participating entities - apprentice training.
(3) Where an apprentice training program certified REGISTERED by the
office of apprenticeship in the employment and training administration in
the United States department of labor LABOR'S OFFICE OF APPRENTICESHIP
or a state apprenticeship program AGENCY recognized by the United States
department of labor exists in the county, or a comparable program AGENCY
for the training of apprentices is available in the county:
SECTION 31. In Colorado Revised Statutes, 40-2-123, amend
(2)(d)(I) introductory portion as follows:
40-2-123. Energy technologies - consideration by commission -
incentives - demonstration projects - definitions - repeal. (2) (d) (I) In
the construction or expansion of an innovative energy technology project
approved pursuant to this subsection (2), an investor-owned utility shall use
its own employees or qualified contractors, or both, but shall not use a
contractor unless the contractor's employees have access to an
apprenticeship program registered with the United States department of
labor's office of apprenticeship or by a state apprenticeship council
AGENCY
recognized by that office; except that this apprenticeship requirement does not apply to:
SECTION 32. In Colorado Revised Statutes, 40-2-126, amend (5)
introductory portion as follows:
40-2-126. Transmission facilities - biennial review - energy
PAGE 26-SENATE BILL 23-051 resource zones - definitions - plans - approval - cost recovery -
powerline trail consideration. (5) In any construction or expansion
approved pursuant to this section, the utility shall use its own employees or
qualified contractors, or both, but shall not use a contractor unless the
contractor's employees have access to an apprenticeship program registered
with the United States department of labor's office of apprenticeship or by
a state apprenticeship council
AGENCY recognized by that office; except that
this apprenticeship requirement does not apply to:
SECTION 33. In Colorado Revised Statutes, 40-2-127, amend
(3.5)(b) introductory portion as follows:
40-2-127. Community energy funds - community solar gardens
- definitions - rules - legislative declaration - repeal. (3.5) Standards for
construction and operation. The following requirements apply to any
community solar garden exceeding two megawatts:
(b) Following the development or acquisition by a qualifying retail
utility of a community solar garden in which the qualifying retail utility
retains ownership, the qualifying retail utility shall either use its own
employees to operate and maintain the community solar garden or contract
for operation and maintenance of the community solar garden by a
contractor whose employees have access to an apprenticeship program
registered with the United States department of labor's office of
apprenticeship or with a state apprenticeship council
AGENCY recognized
by that office; except that this apprenticeship requirement does not apply to:
SECTION 34. In Colorado Revised Statutes, 40-2-127.5, amend
(4)(b) introductory portion as follows:
40-2-127.5. Community energy funds - community geothermal
gardens - rules - legislative declaration - definitions - repeal.
(4) Standards for construction and operation. The following
requirements apply to any community geothermal garden exceeding two
megawatts:
(b) Following the development or acquisition by a qualifying retail
utility of a community geothermal garden in which the qualifying retail
utility retains ownership, the qualifying retail utility shall either use its own
employees to operate and maintain the community geothermal garden or
PAGE 27-SENATE BILL 23-051 contract for operation and maintenance of the community geothermal
garden by a contractor whose employees have access to an apprenticeship
program registered with the United States department of labor's office of
apprenticeship or with a state apprenticeship council
AGENCY recognized
by that office; except that this apprenticeship requirement does not apply to:
SECTION 35. In Colorado Revised Statutes, 40-2-129, amend
(1)(a) and (2) introductory portion as follows:
40-2-129. New resource acquisitions - factors in determination
- local employment - "best value" employment metrics - performance
audit. (1) (a) (I) When evaluating electric resource acquisitions and
requests for a certificate of convenience and necessity for construction or
expansion of generating facilities, including but not limited to pollution
control or fuel conversion upgrades and conversion of existing coal-fired
plants to natural gas plants, the commission shall consider, in all decisions
involved in electric resource acquisition processes, best value regarding
employment of Colorado labor, as defined in section 8-17-101 (2)(a), and
positive impacts on the long-term economic viability of Colorado
communities. To this end, the commission shall require utilities to obtain
and provide to the commission the following information regarding "best
value" employment metrics:
(A) The availability of training programs, including training through
apprenticeship programs registered with the United States department of
labor's office of apprenticeship or by state apprenticeship councils
AGENCIES recognized by that office;
(B) Employment of Colorado labor as compared to importation of
out-of-state workers;
(C) Long-term career opportunities; and
(D) Industry-standard wages, health care, and pension benefits.
(II) When a utility proposes to construct new facilities of its own,
the utility shall supply similar information to the commission.
(2) Following development or acquisition of a generating facility by
a utility, for all generating facilities owned by the utility that do not emit
PAGE 28-SENATE BILL 23-051 carbon dioxide, the utility shall use utility employees or qualified
contractors if the contractors' employees have access to an apprenticeship
program registered with the United States department of labor's office of
apprenticeship or by a state apprenticeship council
AGENCY recognized by
that office; except that this apprenticeship requirement does not apply to:
SECTION 36. In Colorado Revised Statutes, 40-3.2-105.5, amend
(3)(a)(I)(A), (3)(b)(I), and (4)(b)(I) as follows:
40-3.2-105.5. Labor standards for gas DSM projects. (3) (a) The
utility shall make use of a list, referred to in this section as the "certified
contractor list", containing the names and contact information of:
(I) Qualified contractors that participate in apprenticeship programs
that:
(A) Are registered with the United States department of labor's
employment and training administration
OFFICE OF APPRENTICESHIP or with
a state apprenticeship council AGENCY recognized by the United States
department of labor; and
(b) The Colorado department of labor and employment shall oversee
the compilation of the certified contractor list through one of the following
methods:
(I) Directing the state apprenticeship council
AGENCY RECOGNIZED
BY THE
UNITED STATES DEPARTMENT OF LABOR , if available, to assemble
the information; or
(4) The following requirements apply to gas DSM projects in new
or existing buildings:
(b) (I) For plumbing, mechanical, or electrical projects that involve
energy efficiency improvements to central building systems in a multifamily
building that contains twenty thousand square feet or more of conditioned
floor space and for which a rebate is to be provided directly to the building
owner as part of a gas DSM program, the utility shall condition payment of
the rebate on the building owner's exclusive use of contractors that
participate in apprenticeship programs registered with the United States
department of labor's employment and training administration
OFFICE OF
PAGE 29-SENATE BILL 23-051 APPRENTICESHIP or with a state apprenticeship council AGENCY recognized
by the United States department of labor for any necessary plumbing or
electrical work. If the contractor chosen by the customer is not on the
certified contractor list, the utility shall require another method of verifying
compliance with this subsection (4)(b).
SECTION 37. In Colorado Revised Statutes, 40-3.2-105.6, amend
(3)(a)(I) and (4)(b)(I) as follows:
40-3.2-105.6. Labor standards for beneficial electrification
projects. (3) (a) The utility shall obtain from the Colorado department of
labor and employment and shall make use of a list, referred to in this section
as the "certified contractor list", containing the names and contact
information of:
(I) Qualified contractors that participate in apprenticeship programs
that are registered with the United States department of labor's employment
and training administration OFFICE OF APPRENTICESHIP or with a state
apprenticeship council AGENCY recognized by the United States department
of labor; and
(4) The following requirements apply to beneficial electrification
projects in new or existing industrial, commercial, or multifamily residential
buildings:
(b) (I) For plumbing, mechanical, or electrical projects that involve
the beneficial electrification of central building systems in a multifamily
building that contains twenty thousand square feet or more of conditioned
floor space and for which a rebate is to be provided directly to the building
owner as part of a beneficial electrification program, the utility shall
condition payment of the rebate on the building owner's exclusive use of
contractors that participate in apprenticeship programs registered with the
United States department of labor's employment and training administration
OFFICE OF APPRENTICESHIP or with a state apprenticeship council AGENCY
recognized by the United States department of labor for any necessary plumbing or electrical work. If the contractor chosen by the building owner is not on the certified contractor list, the utility shall require another method of verifying compliance with this subsection (4)(b).
SECTION 38. In Colorado Revised Statutes, 40-3.2-108, amend
PAGE 30-SENATE BILL 23-051 (8)(d)(I) as follows:
40-3.2-108. Clean heat targets - legislative declaration -
definitions - plans - rules - reports. (8) Employment and utility
workforce. (d) In all decisions approving clean heat resources to be
acquired as part of a clean heat plan, the commission shall consider the
long-term impacts on Colorado's utility workforce as part of a just transition
and shall give additional weight to a project that includes:
(I) Training programs, including training through the division of
employment and training in the department of labor and employment
created in section 8-83-102, or
APPRENTICESHIP PROGRAMS REGISTERED
WITH THE
UNITED STATES DEPARTMENT OF LABOR 'S OFFICE OF
APPRENTICESHIP OR
a state apprenticeship council registered with
AGENCY
RECOGNIZED BY
the United States department of labor;
SECTION 39. In Colorado Revised Statutes, 40-42-107, amend
(1)(b) introductory portion as follows:
40-42-107. Labor standards - apprenticeship - supervision.
(1) The authority shall ensure that, in any construction, expansion, or
maintenance of facilities undertaken in Colorado pursuant to this article 42,
all labor is performed either by the employees of an electric utility or by
qualified contractors, or both, and that, except as otherwise provided in
subsection (3) of this section, an electric utility not use a contractor unless:
(b) The contractor's employees have access to an apprenticeship
program registered with the United States department of labor's office of
apprenticeship or by a state apprenticeship council
AGENCY recognized by
that office and meeting the additional criteria specified in subsection (2) of
this section; except that this apprenticeship requirement does not apply to:
PAGE 31-SENATE BILL 23-051 SECTION 40. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 32-SENATE BILL 23-051