First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0302.01 Nicole Myers x4326
SENATE BILL 23-292
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING LABOR REQUIREMENTS FOR ENERGY SECTOR101
CONSTRUCTION.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
.)
Current labor requirements for public projects. In 2019, the
general assembly adopted an apprenticeship utilization law
(apprenticeship utilization law) that requires the general contractor for a
public project that does not receive federal money, and that is in the
amount of one million dollars or more, to submit, at the time a
mechanical, electrical, or plumbing subcontractor is put under contract,
SENATE SPONSORSHIP
Hansen and Fenberg, Coleman, Danielson, Exum, Hinrichsen, Marchman, Mullica,
Roberts, Rodriguez
HOUSE SPONSORSHIP
Duran and Bird,
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. documentation to the contracting agency that identifies the contractors or
subcontractors that will be used for specified aspects of the public project
and certifies that all firms identified participate in specified
apprenticeship programs.
At the same time, the general assembly also adopted a prevailing
wage law (prevailing wage law) that requires any contractor who is
awarded a contract for a public project by an agency of government for
$500,000 or more and that does not include federal money, and any
subcontractors working on the public project, to pay their employees a
prevailing wage at weekly intervals. The contractors and subcontractors
are required to comply with prevailing wage enforcement provisions and
requirements.
Energy sector public works projects. The bill creates a new
category of public works projects defined as "energy sector public works
projects", and requires these projects to comply with the requirements of
the apprenticeship utilization law and the prevailing wage law for energy
sector public works projects. An "energy sector public works project" is
any project that:
! Has the purpose of generating, transmitting, or distributing
electricity or natural gas for the purpose of providing
energy to Colorado individual consumers and businesses;
or
! Has the purpose of generating or distributing electricity or
natural gas for the purpose of providing energy to Colorado
individual consumers and businesses from utility customer
funding as approved by a cooperative electric association.
With certain exceptions, the bill requires that a contract for an
energy sector public works project include provisions that expressly
require that all work performed under the contract comply with the state
mechanical, electrical, and plumbing apprenticeship utilization law and
the state prevailing wage law if the project is an electric power generation
project with a nameplate generation capacity of one megawatt or higher
or if the project is a project other than an electric power generation
project with a total cost of one million dollars or more. All contracts with
subcontractors on the project are also required to include such provisions.
If the contract for an energy sector public works project does not include
such provisions, the project will not be eligible to receive state funding
or to receive required authorizations or approvals from the public utilities
commission (PUC).
The lead contractor for an energy sector public works project is
required to:
! Prepare certified payroll records for workers directly
employed by the contractor and any subcontractors on the
project and submit the records to the public utility or other
owner of the energy sector public works project weekly;
SB23-292
-2- and
! Prepare a quarterly craft labor certification that attests that
the lead contractor and all subcontractors are compliant
with the apprenticeship utilization law and the prevailing
wage law.
The public utility, cooperative electric association, independent
power producer, or other owner of an energy sector public works project
is required to maintain the records for all craft labor certifications and is
required to either provide copies quarterly to the department of labor and
employment or require the lead contractor to provide such copies.
The state auditor's office, in conjunction with the PUC and the
department of labor and employment, is required to conduct periodic
random audits of the labor certifications for energy sector public works
projects.
Violations of the requirements for energy sector public works
project contracts are subject to the penalties described in the
apprenticeship utilization law and the prevailing wage law.
For projects funded in whole or in part by the state, the
requirements to comply with the apprenticeship utilization law and the
prevailing wage law apply only when the total project cost is one million
dollars or more and the aggregated public assistance from the state is
$500,000 or more or when the project is a power generation project with
a nameplate generation capacity of one megawatt or higher, and the
aggregated public assistance from the state is $500,000 or more.
The requirements to comply with the apprenticeship utilization law
and the prevailing wage law do not apply to a project that is covered by
a project labor agreement, work on an energy sector public works project
performed by employees of a utility company, a utility-incentivized
demand-side management or electrification program, a utility or
state-funded building efficiency program, service agreements that were
entered into on or before a certain date, projects that involve an electric
distribution line with a specified capacity, work on an energy sector
public works project put out to bid on or after January 1, 2024, that is
qualified for and claims the increased federal production tax credit or
investment tax credit amount, excluding any domestic content, energy
community, or low-income community bonus credit, and projects that
involve pipelines with a specified minimum yield strength.
Project labor agreements. In lieu of compliance with the
apprenticeship utilization law and the prevailing wage law, a public
utility, cooperative electric association, or independent power producer
may incorporate a project labor agreement requirement for an energy
sector public works project. A project labor agreement is a prehire
collective bargaining agreement that establishes the terms and conditions
of employment of the construction workforce on an energy sector public
works project. A project labor agreement is required to:
SB23-292
-3- ! Include provisions for resolving labor disputes and
grievances;
! Guarantee against strikes and lockouts;
! Ensure a reliable source of trained and skilled labor;
! Further public policy objectives regarding improved
employment opportunities for minorities, women, and other
economically disadvantaged populations in the construction
industry;
! Permit the selection of the lowest qualified responsible
bidder or lowest qualified responsible offeror without
regard to union or non-union status at other construction
sites; and
! Bind all contractors and subcontractors on the energy
sector public works project to the project labor agreement
through the inclusion of appropriate bid specifications in
all relevant bid documents.
The PUC is prohibited from denying approval of an energy sector
public works project solely because it uses a project labor agreement.
The bill specifies which provisions of the apprenticeship
utilization law for public projects apply to energy sector public works
projects.
Regarding "best value" employment metrics that the PUC is
required to consider when it evaluates electric resource acquisitions and
requests for certificates of public convenience and necessity for
construction or expansion of generating facilities, the bill:
! Requires the PUC to promulgate rules requiring utilities,
when submitting annual progress reports for an electric
resource acquisition, to collect and provide to the PUC
information concerning the implementation of "best value"
employment metrics;
! Requires the PUC to report annually to committees of
reference of the general assembly concerning the
information that is reported; and
! Repeals obsolete language requiring the state auditor to
conduct a performance audit.
The bill adds enforcement mechanisms for the existing
mechanical, electrical, and plumbing apprenticeship utilization
requirements for gas demand-side management projects and beneficial
electrification projects.
In addition, the bill requires that projects undertaken pursuant to
specified existing state laws comply with the state mechanical, electrical,
and plumbing apprenticeship utilization law and the state prevailing wage
law.
SB23-292-4- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 3 to article2
92 of title 24 as follows:3
PART 34
ENERGY SECTOR PUBLIC WORKS PROJECTS5
CRAFT LABOR REQUIREMENTS6
24-92-301. Short title. T
HE SHORT TITLE OF THIS PART 3 IS THE7
"C
OLORADO ENERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR8
R
EQUIREMENTS ACT".9
24-92-302. Legislative declaration. (1) T
HE GENERAL ASSEMBLY10
HEREBY FINDS AND DECLARES THAT :11
(a) T
HE ENERGY INDUSTRY IN COLORADO IS UNDERGOING A12
HISTORIC TRANSFORMATION TO ADDRESS THREATS POSED BY CLIMATE13
CHANGE, WHICH INCLUDES EFFORTS TO DIVERSIFY CAPACITY , PROMOTE14
THE DEVELOPMENT OF RENEWABLE AND OTHER CLEAN , NON-CARBON15
GENERATION SOURCES, AND ELECTRIFY MAJOR SEGMENTS OF THE STATE 'S16
ECONOMY;17
(b) T
HESE DEVELOPMENTS WILL REQUIRE MASSIVE INVESTMENTS18
OF RESOURCES FROM THE STATE AND PUBLIC UTILITY COMPANIES , WHICH19
WILL ULTIMATELY BE PAID BY RESIDENTS THROUGH FUTURE TAXES AND20
UTILITY BILLS;21
(c) T
HE SAFE AND COST-EFFECTIVE DELIVERY OF THESE PROJECTS22
IS VITAL TO THE PUBLIC HEALTH AND WELFARE OF RESIDENTS AND THE23
ECONOMIC SECURITY OF THE STATE , AND CRITICAL TO ENSURE THAT24
ADEQUATE POWER IS PROVIDED TO COLORADO HOMES AND BUSINESSES ;25
(d) D
EFICIENT PLANNING OF THESE RESOURCES CAN RESULT IN26
ESCALATING UTILITY BILLS AND DANGEROUS POWER OUTAGES IF POWER27
SB23-292
-5- SUPPLY IS NOT MAINTAINED IN SUFFICIENT CAPACITY TO MEET FUTURE ,1
GROWING DEMAND. FOR THESE REASONS, APPROPRIATE MEASURES MUST2
BE TAKEN TO PROTECT FUTURE ENERGY INVESTMENTS , PROMOTE3
SUCCESSFUL CONSTRUCTION DELIVERY , AND PREVENT ERRORS IN THE4
PLANNING AND DELIVERY OF NEW FACILITIES .5
(e) O
NE OF THE MOST CHALLENGING ASPECTS OF ENERGY FACILITY6
CONSTRUCTION IS ENSURING THAT PROJECTS ARE SUPPORTED BY CAPABLE7
CRAFT LABOR RESOURCES . IT IS ESSENTIAL FOR THESE PROJECTS TO BE8
STAFFED BY A RELIABLE AND ADEQUATE SUPPLY OF PROPERLY TRAINED9
WORKERS IN ALL APPLICABLE TRADES AND CRAFTS REQUIRED FOR THESE10
FACILITIES.11
(f) E
NERGY SECTOR PUBLIC WORKS PROJECTS BUILT BY OR FOR THE12
USE OF REGULATED UTILITIES, LIKE TRADITIONAL PUBLIC PROJECTS, ARE13
OFTEN BUILT FOR THE COLLECTIVE BENEFIT OF ALL CITIZENS AND14
RESIDENTS OF COLORADO. THESE PROJECTS ARE OFTEN FUNDED THROUGH15
PUBLIC TAX DOLLARS OR THROUGH THE COLLECTIVE RESOURCES16
ACQUIRED THROUGH COLORADO UTILITIES BILLING CUSTOMERS. LIKE TAX17
DOLLARS, THESE RESOURCES ACQUIRED THROUGH UTILITY RATES SHOULD18
DEMAND A HIGHER STANDARD OF PUBLIC BENEFIT BACK TO THE19
CONSUMERS AND COMMUNITIES FROM WHICH THE RESOURCES WERE20
COLLECTED.21
(g) E
XTENSIVE RESEARCH SHOWS THAT PREVAILING WAGE LAWS22
ARE EFFECTIVE IN ATTRACTING BETTER QUALIFIED WORKERS TO PROJECTS23
AND PROMOTING CRITICALLY NEEDED INVESTMENTS IN APPRENTICESHIP24
TRAINING REQUIRED TO ENSURE ADEQUATE CRAFT LABOR SKILL LEVELS25
AND PRODUCTIVITY. LIKEWISE, THE USE OF REGISTERED APPRENTICESHIP26
TRAINING PROGRAMS AND PROJECT LABOR AGREEMENTS HAS BEEN27
SB23-292
-6- PROVEN TO BE THE MOST EFFECTIVE STRATEGY FOR PROVIDING1
HIGH-LEVEL SKILLS TRAINING AND ENSURING NEEDED QUALIFICATION2
CREDENTIALING FOR WORKERS IN THE CONSTRUCTION INDUSTRY .3
(h) B
Y PROVIDING PROJECT OWNERS , DEVELOPERS, AND4
CONTRACTORS UNIQUE AND UNPARALLELED ACCESS TO AN ADEQUATE5
SUPPLY OF WELL-TRAINED, HIGHLY SKILLED CRAFT LABOR IN AFFECTED6
PROJECT AREAS, CRAFT LABOR STANDARDS PROMOTE SUCCESSFUL7
PROJECT DELIVERY GOALS, INCLUDING QUALITY, SAFETY, TIMELINESS, AND8
COST-EFFICIENCY, BY PROVIDING EFFECTIVE QUALITY CONTROL OVER9
CRAFT LABOR SUPPLY CAPABILITIES , AS WELL AS RISK AVOIDANCE TO10
PREVENT DISRUPTIONS AND OTHER LABOR PERFORMANCE PROBLEMS11
CAUSED BY INADEQUATE CRAFT LABOR CAPABILITIES ;12
(i) F
OR THESE REASONS, INCORPORATING PREVAILING WAGE13
STANDARDS AND APPRENTICESHIP REQUIREMENTS AND ENCOURAGING14
PROJECT LABOR AGREEMENTS FOR PUBLIC UTILITIES AND OTHER ENERGY15
FACILITY PLANNING AND CONSTRUCTION IS NECESSARY TO PROTECT AND16
PROMOTE THE PUBLIC'S INTEREST IN THESE PROJECTS;17
(j) B
Y INCORPORATING WELL ESTABLISHED QUALITY CONTRACTING18
PROCUREMENT TOOLS , SUCH AS PREVAILING WAGES , APPRENTICESHIP19
UTILIZATION REQUIREMENTS, AND PROJECT LABOR AGREEMENTS INTO OUR20
ENERGY RESOURCE PLANNING , THE STATE OF COLORADO WILL HAVE THE21
CAPABILITIES TO BETTER PROTECT ITS ENERGY INVESTMENTS , IMPROVE22
CONSTRUCTION PROJECT DELIVERY IN THE ENERGY SECTOR , FULLY23
DOCUMENT AND EVALUATE THE DIRECTIVES SET FORTH IN SECTION24
40-2-129,
AND CREATE A CLEAR SET OF STANDARDS FOR ENFORCEMENT TO25
ACHIEVE THE LAW'S INTENT FOR THE BENEFIT OF COLORADO WORKERS26
AND THE COMMUNITIES WHERE THEY LIVE ;27
SB23-292
-7- (k) USE OF THESE QUALITY CONTRACTING TOOLS IS ALREADY1
INCORPORATED INTO COLORADO'S TRADITIONAL PUBLIC PROCUREMENT2
LAW AS PREVAILING WAGE AND APPRENTICESHIP POLICIES ADOPTED IN3
SECTIONS 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. IN ADDITION,4
PROJECT LABOR AGREEMENTS HAVE BEEN SUCCESSFULLY USED IN5
C
OLORADO IN THE PAST FOR PROJECTS IN THE ENERGY SECTOR AND THE6
BROADER PRIVATE SECTOR CONSTRUCTION INDUSTRY . THESE7
AGREEMENTS HAVE ALSO BEEN UPHELD BY THE COURTS , FOR EXAMPLE, IN8
B
LDG. & CONSTR. TRADES COUNCIL V. ASSOCIATED BUILDERS &9
C
ONTRACTORS OF MASS./R.I., INC., 507 U.S. 230, 231 (1993), DUE TO THEIR10
ABILITY TO HELP SECURE RELIABLE CRAFT LABOR STAFFING AND PROMOTE11
TIMELY PROJECT DELIVERY.12
(l) D
UE TO THEIR BENEFITS IN PROMOTING SUCCESSFUL PROJECT13
DELIVERY IN PROJECTS ASSISTED BY FEDERAL GRANTS AND TAX CREDITS ,14
THE FEDERAL GOVERNMENT IS STRONGLY ENCOURAGING THE USE OF15
THESE QUALITY CONTRACTING TOOLS GENERALLY , AND ESPECIALLY IN16
THE ENERGY SECTOR, WHERE MAJOR FEDERAL ASSISTANCE PROGRAMS17
UNDER THE RECENT FEDERAL "INFLATION REDUCTION ACT OF 2022", PUB.18
L.
117-169, ARE PROVIDING APPROXIMATELY THREE HUNDRED SEVENTY19
BILLION DOLLARS IN FUNDING TO PROMOTE CLEAN ENERGY SOURCES20
ACROSS THE COUNTRY.21
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT22
BECAUSE COST-EFFECTIVE, SAFE, AND EFFICIENT GENERATION ,23
TRANSMISSION, AND DISTRIBUTION SYSTEMS IN THE ENERGY SECTOR ARE24
VITAL TO THE STATE'S ECONOMY AND THE PUBLIC WELFARE AND SAFETY ,25
QUALITY CONTROL AND RISK AVOIDANCE MEASURES ARE NECESSARY TO26
ENSURE THAT THE CONSTRUCTION OF PROJECTS NECESSARY FOR THESE27
SB23-292
-8- SYSTEMS ARE ADEQUATELY STAFFED BY PROPERLY TRAINED AND1
QUALIFIED CRAFT LABOR PERSONNEL .2
24-92-303. Definitions. A
S USED IN THIS PART 3, UNLESS THE3
CONTEXT OTHERWISE REQUIRES :4
(1) "C
ONSTRUCTION" MEANS THE CONSTRUCTION, ALTERATION, OR5
REPAIR OF AN ENERGY SECTOR PUBLIC WORKS PROJECT , CONSISTENT WITH6
AND INCLUDING THE SAME LIMITATIONS AS THE DEFINITION OF7
CONSTRUCTION AS ESTABLISHED IN SECTION 45(b)(7)(a) OF THE FEDERAL8
"I
NTERNAL REVENUE CODE OF 1986", AS AMENDED, AND AS DESCRIBED9
IN ALL RELATED OFFICIAL GUIDANCE FROM THE FEDERAL INTERNAL10
REVENUE SERVICE AND THE UNITED STATES DEPARTMENT OF LABOR11
IMPLEMENTING THE APPLICABLE SECTIONS OF THE FEDERAL "INFLATION12
R
EDUCTION ACT".13
(2) "C
OOPERATIVE ELECTRIC ASSOCIATION " HAS THE SAME14
MEANING AS SET FORTH IN SECTION 40-9.5-102 (1).15
(3) "C
RAFT LABOR" MEANS EMPLOYEES WHO ARE ENGAGED IN THE16
CONSTRUCTION OF AN ENERGY SECTOR PUBLIC WORKS PROJECT ,17
INCLUDING ALL TRADES, CRAFTS, AND OCCUPATIONS, AND WHO ARE PAID18
HOURLY.19
(4) "C
RAFT LABOR CERTIFICATION" MEANS ALL DOCUMENTATION20
AND CERTIFICATION OF PAYROLL REQUIRED FOR AN ENERGY SECTOR21
PUBLIC WORKS PROJECT IN ACCORDANCE WITH THE REQUIREMENTS OF22
SECTION 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92.23
(5) (a) "E
NERGY SECTOR PUBLIC WORKS PROJECT " MEANS ANY24
PROJECT IN THE STATE THAT:25
(I) H
AS THE PURPOSE OF GENERATING , TRANSMITTING, OR26
DISTRIBUTING ELECTRICITY OR NATURAL GAS TO PROVIDE ENERGY TO27
SB23-292
-9- COLORADO INDIVIDUAL CONSUMERS AND BUSINESSES , IS BUILT BY OR FOR1
A PUBLIC UTILITY, INCLUDING ANY PROJECT FOR WHICH ENERGY IS2
PURCHASED THROUGH A POWER PURCHASER OR SIMILAR AGREEMENT , AND3
IS FUNDED IN WHOLE OR IN PART BY:4
(A) T
HE STATE, THROUGH DIRECT FUNDING , LOANS, LOAN5
GUARANTEES, ENERGY CREDITS, LAND TRANSFERS, TAX ASSISTANCE,6
INCLUDING TAX CREDITS , DEDUCTIONS, OR INCENTIVES, OR OTHER7
ASSISTANCE ALLOCATED OR APPROPRIATED BY THE STATE ; OR8
(B) U
TILITY CUSTOMER FUNDING AS APPROVED IN ANY9
PROCEEDING CONDUCTED BY THE PUBLIC UTILITIES COMMISSION AS PART10
OF AN ELECTRIC RESOURCE ACQUISITION OR REQUESTS FOR CERTIFICATES11
OF CONVENIENCE AND NECESSITY FOR CONSTRUCTION OR EXPANSION OF12
A PROJECT, INCLUDING BUT NOT LIMITED TO POLLUTION CONTROL OR FUEL13
CONVERSION UPGRADES AND CONVERSION OF EXISTING COAL -FIRED14
PLANTS TO NATURAL GAS PLANTS ; OR15
(II) H
AS THE PURPOSE OF GENERATING OR DISTRIBUTING16
ELECTRICITY OR NATURAL GAS FOR THE PURPOSES OF PROVIDING ENERGY17
TO COLORADO INDIVIDUAL CONSUMERS AND BUSINESSES FROM UTILITY18
CUSTOMER FUNDING AS APPROVED BY A COOPERATIVE ELECTRIC19
ASSOCIATION.20
(b) "E
NERGY SECTOR PUBLIC WORKS PROJECT " INCLUDES:21
(I) P
OWER GENERATION WITH A NAMEPLATE GENERATION22
CAPACITY OF ONE MEGAWATT OR HIGHER , INCLUDING GENERATION23
SOURCED FROM WIND, SOLAR, GEOTHERMAL, HYDROGEN, NUCLEAR, OR24
BIOENERGY, OR ANY PROJECT THAT GENERATES ELECTRICITY FROM THE25
COMBUSTION OF OIL, GAS, OR OTHER FOSSIL FUELS; AND26
(II) O
THER PROJECTS WITH A TOTAL PROJECT COST OF ONE MILLION27
SB23-292
-10- DOLLARS OR MORE THAT INCLUDE :1
(A) P
OLLUTION CONTROLS;2
(B) G
AS DISTRIBUTION;3
(C) E
LECTRIC TRANSMISSION PROJECTS;4
(D) G
EOTHERMAL SYSTEMS THAT ARE USED TO PROVIDE HEAT OR5
HEATED WATER OR THAT OPERATE AS THERMAL SYSTEMS OR THERMAL6
NETWORKS AS DEFINED IN LAW;7
(E) E
LECTRIC VEHICLE CHARGING INFRASTRUCTURE AND8
INSTALLATIONS;9
(F) H
YDROGEN-RELATED INFRASTRUCTURE CONSTRUCTION10
PROJECTS;11
(G) A
NY PROJECT THAT TRANSPORTS OR STORES CARBON DIOXIDE12
CAPTURED FROM POWER GENERATION ; AND13
(H) A
NY OTHER CONSTRUCTION PROJECTS COVERED BY THIS PART14
3.15
(6) "F
EDERAL PREVAILING WAGE AND APPRENTICESHIP16
REQUIREMENTS" MEANS THE REQUIREMENTS UNDER :17
(a) S
ECTIONS 45(b)(7) AND (8) OF TITLE 26 OF THE UNITED STATES18
C
ODE, WHETHER APPLICABLE DIRECTLY OR UNDER A PROVISION OF THE19
FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED, THAT20
APPLIES SUCH SECTIONS OF THE UNITED STATES CODE; OR21
(b) S
ECTIONS 48(a)(10) AND (11) OF TITLE 26 OF THE UNITED22
S
TATES CODE, WHETHER APPLICABLE DIRECTLY OR UNDER A PROVISION23
OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED THAT24
APPLIES SUCH SECTIONS OF THE UNITED STATES CODE.25
(7) "F
EDERAL "INFLATION REDUCTION ACT"" MEANS THE FEDERAL26
"I
NFLATION REDUCTION ACT OF 2022", UNITED STATES CODE, TITLE 26,27
SB23-292
-11- INCLUDING BUT NOT LIMITED TO SECTIONS 30C, 45, 45B, 45L, 45Q, 45U,1
45V,
45X, 45Y, 45Z, 48, 48C, 48E, AND 179D, AND ASSOCIATED2
IMPLEMENTING RULES AND GUIDANCE PROMULGATED BY THE UNITED3
S
TATES DEPARTMENT OF THE TREASURY AND THE UNITED STATES4
INTERNAL REVENUE SERVICE, AS THE STATUTE AND IMPLEMENTING RULES5
AND GUIDANCE MAY BE AMENDED FROM TIME TO TIME .6
(8) "L
EAD CONTRACTOR" MEANS A GENERAL CONTRACTOR ,7
CONSTRUCTION MANAGER , DEVELOPER, DESIGN BUILDER, OR OTHER PARTY8
THAT IS PRIMARILY RESPONSIBLE TO A PUBLIC UTILITY OR INDEPENDENT9
POWER PRODUCER FOR PERFORMING CONSTRUCTION UNDER A CONTRACT10
FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT .11
(9) "P
ROJECT LABOR AGREEMENT " MEANS A PREHIRE COLLECTIVE12
BARGAINING AGREEMENT BETWEEN A LEAD CONTRACTOR AND13
CONSTRUCTION LABOR ORGANIZATIONS , INCLUDING BUT NOT LIMITED TO14
THE COLORADO BUILDING AND CONSTRUCTION TRADES COUNCIL AND ITS15
AFFILIATES OR A GROUP OF LABOR UNIONS COVERING THE AFFECTED16
TRADES NECESSARY TO PERFORM WORK ON A PROJECT , THAT ESTABLISHES17
THE TERMS AND CONDITIONS OF EMPLOYMENT OF THE CONSTRUCTION18
WORKFORCE ON AN ENERGY SECTOR PUBLIC WORKS PROJECT . A PROJECT19
LABOR AGREEMENT MUST INCLUDE PROVISIONS THAT :20
(a) S
ET FORTH EFFECTIVE, IMMEDIATE, AND MUTUALLY BINDING21
PROCEDURES FOR RESOLVING JURISDICTIONAL LABOR DISPUTES AND22
GRIEVANCES ARISING BEFORE THE COMPLETION OF WORK ;23
(b) C
ONTAIN GUARANTEES AGAINST STRIKES , LOCKOUTS, OR24
SIMILAR ACTIONS;25
(c) E
NSURE A RELIABLE SOURCE OF TRAINED , SKILLED, AND26
EXPERIENCED CONSTRUCTION CRAFT LABOR ;27
SB23-292
-12- (d) FURTHER PUBLIC POLICY OBJECTIVES REGARDING IMPROVED1
EMPLOYMENT OPPORTUNITIES FOR MINORITIES , WOMEN, OR OTHER2
ECONOMICALLY DISADVANTAGED POPULATIONS IN THE CONSTRUCTION3
INDUSTRY, INCLUDING PERSONS FROM DISPROPORTIONATELY IMPACTED4
COMMUNITIES, TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW ;5
(e) P
ERMIT THE SELECTION OF THE LOWEST QUALIFIED6
RESPONSIBLE BIDDER OR LOWEST QUALIFIED RESPONSIBLE OFFEROR7
WITHOUT REGARD TO UNION OR NON -UNION STATUS AT OTHER8
CONSTRUCTION SITES;9
(f) B
IND ALL CONTRACTORS AND SUBCONTRACTORS ON THE10
ENERGY SECTOR PUBLIC WORKS PROJECT TO THE PROJECT LABOR11
AGREEMENT THROUGH THE INCLUSION OF APPROPRIATE BID12
SPECIFICATIONS IN ALL RELEVANT CONTRACT DOCUMENTS ; AND13
(g) I
NCLUDE OTHER TERMS AS THE PARTIES DEEM APPROPRIATE .14
(10) "P
UBLIC UTILITY" HAS THE SAME MEANING AS SET FORTH IN15
SECTION 40-1-103.16
24-92-304. Energy sector public works projects - craft labor17
employment - training - wage requirements. (1) (a) E
XCEPT AS18
OTHERWISE PROVIDED IN SUBSECTIONS (1)(b) AND (1)(c) OF THIS SECTION,19
A CONTRACT BETWEEN PUBLIC UTILITIES , COOPERATIVE ELECTRIC20
ASSOCIATIONS, OR INDEPENDENT POWER PRODUCERS AND LEAD21
CONTRACTORS FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT MUST22
INCLUDE PROVISIONS EXPRESSLY REQUIRING THAT ALL WORK PERFORMED23
UNDER THE CONTRACT COMPLY WITH THE REQUIREMENTS OF SECTION24
24-92-115
(7) AND THE REQUIREMENTS OF PART 2 OF THIS ARTICLE 92 IF25
THE PROJECT IS AN ELECTRIC POWER GENERATION PROJECT WITH A26
NAMEPLATE GENERATION CAPACITY OF ONE MEGAWATT OF HIGHER OR IF27
SB23-292
-13- THE PROJECT IS A PROJECT SPECIFIED IN SUBSECTION 24-92-303 (5)(b)(II)1
WITH A TOTAL PROJECT COST OF ONE MILLION DOLLARS OR MORE . THESE2
REQUIREMENTS CONSTITUTE MATERIAL TERMS OF SUCH CONTRACTS .3
(b)
FOR PROJECTS FUNDED PURSUANT TO SECTION 24-92-3034
(5)(a)(I)(A),
THE REQUIREMENTS OF THIS PART 3 APPLY ONLY WHEN:5
(I) T
HE TOTAL PROJECT COST IS ONE MILLION DOLLARS OR MORE6
AND THE AGGREGATED PUBLIC ASSISTANCE FROM THE STATE IS FIVE7
HUNDRED THOUSAND DOLLARS OR MORE ; OR8
(II) T
HE PROJECT IS A POWER GENERATION PROJECT WITH A9
NAMEPLATE GENERATION CAPACITY OF ONE MEGAWATT OR HIGHER , AND10
THE AGGREGATED PUBLIC ASSISTANCE FROM THE STATE IS FIVE HUNDRED11
THOUSAND DOLLARS OR MORE .12
(c) T
HE REQUIREMENTS OF THIS PART 3 DO NOT APPLY TO:13
(I) A
PROJECT THAT IS COVERED BY A PROJECT LABOR AGREEMENT ;14
(II) W
ORK ON AN ENERGY SECTOR PUBLIC WORKS PROJECT15
PERFORMED BY THE EMPLOYEES OF A UTILITY COMPANY ;16
(III) S
O LONG AS COMPLIANCE WITH ANY APPLICABLE FEDERAL17
"I
NFLATION REDUCTION ACT" QUALIFICATION REQUIREMENTS IS A18
MATERIAL TERM OF THE AGREEMENT WITH A PUBLIC UTILITY ,19
COOPERATIVE ELECTRIC ASSOCIATION , INDEPENDENT POWER PRODUCER ,20
OR THE STATE, WORK ON AN ENERGY SECTOR PUBLIC WORKS PROJECT PUT21
OUT TO BID ON OR AFTER JANUARY 1, 2024, THAT IS QUALIFIED FOR AND22
CLAIMS THE INCREASED FEDERAL PRODUCTION TAX CREDIT OR23
INVESTMENT TAX CREDIT AMOUNT , EXCLUDING ANY DOMESTIC CONTENT ,24
ENERGY COMMUNITY , OR LOW-INCOME COMMUNITY BONUS CREDIT , AS A25
RESULT OF:26
(A)
SATISFYING THE PREVAILING WAGE AND APPRENTICESHIP27
SB23-292
-14- REQUIREMENTS UNDER THE PROVISIONS OF THE FEDERAL "INFLATION1
R
EDUCTION ACT"; OR2
(B) A
CHIEVING THE START OF CONSTRUCTION PRIOR TO JANUARY3
29,
2023, PURSUANT TO THE PRINCIPLES OUTLINED IN THE FEDERAL4
INTERNAL REVENUE SERVICE GUIDANCE AND THE UNITED STATES5
DEPARTMENT OF LABOR GUIDANCE RELATED TO THE FEDERAL "INFLATION6
R
EDUCTION ACT" AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME ;7
(IV) A
UTILITY-INCENTIVIZED DEMAND-SIDE MANAGEMENT OR8
ELECTRIFICATION PROGRAM PURSUANT TO SECTION 40-3.2-105.5 OR9
40-3.2-105.6;10
(V) U
TILITY OR STATE-FUNDED BUILDING EFFICIENCY PROGRAMS ;11
(VI) S
ERVICE AGREEMENTS THAT WERE ENTERED INTO BY A12
PUBLIC UTILITY, INDEPENDENT POWER PRODUCER , OR COOPERATIVE13
ELECTRIC ASSOCIATION ON OR BEFORE MARCH 1, 2023; EXCEPT THAT14
UPON RENEWAL OR ISSUANCE OF A NEW REQUEST FOR PROPOSALS , THE15
SERVICE AGREEMENT MUST COME INTO COMPLIANCE WITH THE16
REQUIREMENTS OF THIS SECTION;17
(VII) P
ROJECTS THAT INVOLVE AN ELECTRIC DISTRIBUTION LINE18
WITH A CAPACITY OF 69KV OR LESS; AND19
(VIII) P
ROJECTS THAT INVOLVE PIPELINES WITH A SPECIFIED20
MINIMUM YIELD STRENGTH LESS THAN THIRTY PERCENT .21
(2) U
NLESS THE CONTRACTUAL REQUIREMENTS SPECIFIED IN22
SUBSECTION (1) OF THIS SECTION ARE IN PLACE, AN AFFECTED PROJECT23
SHALL NOT BE ELIGIBLE TO:24
(a) R
ECEIVE FUNDING FROM THE STATE THROUGH GENERAL FUND25
APPROPRIATIONS, TAX CREDITS, TAX DEDUCTIONS, LAND TRANSFERS, OR26
OTHER FUNDING OR ASSISTANCE PROVIDED BY THE GENERAL ASSEMBLY OR27
SB23-292
-15- A GOVERNMENT AGENCY ; OR1
(b) R
ECEIVE ANY APPROVALS OR AUTHORIZATIONS FROM THE2
PUBLIC UTILITIES COMMISSION, INCLUDING APPROVALS FOR UTILITY3
FUNDING OR FOR COMMENCEMENT OF THE PROJECT , INCLUDING A4
CERTIFICATE OF PUBLIC CONVENIENCE .5
(3) T
HE LEAD CONTRACTOR ENGAGED TO PERFORM CONSTRUCTION6
SERVICES FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT MUST REQUIRE7
ALL SUBCONTRACTORS USED ON THE PROJECT TO COMPLY WITH SECTION8
24-92-115
(7) AND PART 2 OF THIS ARTICLE 92 BY ENSURING THAT SUCH9
REQUIREMENTS ARE STIPULATED IN ALL SUBCONTRACTS . LEAD10
CONTRACTORS MUST TAKE ALL REASONABLY NECESSARY STEPS TO11
ENSURE COMPLIANCE BY MONITORING SUBCONTRACTORS .12
(4) T
HE PUBLIC UTILITIES COMMISSION SHALL NOT FIND AN13
ENERGY SECTOR PUBLIC WORKS PROJECT TO BE IN COMPLIANCE WITH14
SECTION 40-2-129 UNLESS THE CONSTRUCTION CONTRACT FOR THE15
PROJECT INCLUDES PROVISIONS EXPRESSLY REQUIRING THAT ALL WORK16
PERFORMED UNDER THE CONTRACT COMPLY WITH THE REQUIREMENTS OF17
SECTION 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. COMPLIANCE18
WITH THIS SUBSECTION (4) DOES NOT PREVENT THE COMMISSION FROM19
CONSIDERING ALL "BEST VALUE" EMPLOYMENT METRICS AS DEFINED IN20
SECTION 40-2-129, INCLUDING THOSE METRICS THAT ARE NOT DIRECTLY21
RELATED TO THE PROCUREMENT OF CRAFT LABOR AND APPRENTICESHIP22
TRAINING ON AN ENERGY SECTOR PUBLIC WORKS PROJECT .23
(5) C
ONSISTENT WITH SECTION 24-92-203 (4), BIDDERS ON ENERGY24
SECTOR PUBLIC WORKS PROJECTS SHALL NOT ARTIFICIALLY DIVIDE THE25
OVERALL GENERATION CAPACITY OR OVERALL PROJECT COST OF AN26
ENERGY SECTOR PUBLIC WORKS PROJECT TO DELIBERATELY AVOID THE27
SB23-292
-16- REQUIREMENTS TO COMPLY WITH SECTION 24-92-115 (7) AND PART 2 OF1
THIS ARTICLE 92. THE PUBLIC UTILITIES COMMISSION, THE STATE, A PUBLIC2
UTILITY, OR A COOPERATIVE ELECTRIC ASSOCIATION MAY STILL REQUIRE3
COMPLIANCE WITH PREVAILING WAGE AND APPRENTICESHIP UTILIZATION4
REQUIREMENTS IF THEY DETERMINE THAT A BIDDER HAS ARTIFICIALLY5
DIVIDED A PROJECT WITH THE INTENT OF AVOIDING THE REQUIREMENT TO6
COMPLY WITH THOSE SECTIONS.7
24-92-305. Energy sector public works projects - record8
keeping - reporting - craft labor certification - sanctions - compliance9
with best value employment metrics. (1) T
HE LEAD CONTRACTOR FOR10
AN ENERGY SECTOR PUBLIC WORKS PROJECT SHALL PREPARE CERTIFIED11
PAYROLL RECORDS FOR CRAFT WORKERS DIRECTLY EMPLOYED BY THE12
CONTRACTOR, OBTAIN CERTIFIED PAYROLL RECORDS FROM ALL13
CONTRACTORS AND SUBCONTRACTORS ON THE PROJECTS , AND SUBMIT THE14
RECORDS TO THE PUBLIC UTILITY OR OTHER OWNER OF THE ENERGY15
SECTOR PUBLIC WORKS PROJECT ON A WEEKLY BASIS . EACH LEAD16
CONTRACTOR AND SUBCONTRACTOR SHALL CERTIFY , UNDER THE PENALTY17
OF PERJURY, THAT THE RECORDS PROVIDE COMPLETE AND ACCURATE18
INFORMATION FOR ALL CRAFT WORKERS EMPLOYED ON THE PROJECT .19
(2) T
HE LEAD CONTRACTOR FOR AN ENERGY SECTOR PUBLIC20
WORKS PROJECT SHALL PREPARE A CRAFT LABOR CERTIFICATION ON A21
QUARTERLY BASIS FOR WORK THAT IS BEING PERFORMED UNDER AFFECTED22
PROJECTS.23
(3) A
CRAFT LABOR CERTIFICATION MUST INCLUDE THE24
FOLLOWING:25
(a) A
SWORN ATTESTATION, UNDER THE PENALTY OF PERJURY ,26
THAT THE LEAD CONTRACTOR IS FULLY COMPLIANT WITH ALL27
SB23-292
-17- EMPLOYMENT, TRAINING, AND WAGE REQUIREMENTS OF SECTION1
24-92-115
(7) AND PART 2 OF THIS ARTICLE 92; AND2
(b) A
N IDENTICAL, EQUIVALENT CRAFT LABOR CERTIFICATION3
EXECUTED IN THE SAME MANNER BY ALL SUBCONTRACTORS4
PARTICIPATING IN THE ENERGY SECTOR PUBLIC WORKS PROJECT .5
(4) T
HE PUBLIC UTILITY, COOPERATIVE ELECTRIC ASSOCIATION ,6
INDEPENDENT POWER PRODUCER , OR OTHER OWNER OF AN ENERGY7
SECTOR PUBLIC WORKS PROJECT IS RESPONSIBLE FOR MAINTENANCE OF8
RECORDS FOR ALL CRAFT LABOR CERTIFICATIONS AND SHALL EITHER9
PROVIDE COPIES QUARTERLY OR REQUIRE BY CONTRACT THAT THE LEAD10
CONTRACTOR PROVIDE COPIES QUARTERLY , TO THE DEPARTMENT OF11
LABOR AND EMPLOYMENT FOR REVIEW AND OVERSIGHT PURPOSES .12
(5)
AT LEAST ONCE EVERY FIVE YEARS , THE STATE AUDITOR13
SHALL CONDUCT A PERFORMANCE AUDIT OF THE COMMISSION FOR ENERGY14
SECTOR PUBLIC WORKS PROJECTS TO ESTABLISH OVERSIGHT AND15
ACCOUNTABILITY FOR COMPLIANCE WITH SECTION 40-2-129, AND TO16
ENSURE THAT THE PROJECT IS FULLY COMPLIANT WITH ALL EMPLOYMENT ,17
TRAINING, AND WAGE REQUIREMENTS OF SECTION 24-92-115 (7) AND PART18
2
OF THIS ARTICLE 92. THE AUDIT MUST:19
(a) R
ANDOMLY SELECT PROJECTS FOR REVIEW AND ENSURE THAT20
THE SCOPE OF THE AUDIT ENCOMPASSES THE BROAD TYPES OF ENERGY21
SECTOR PUBLIC WORKS PROJECTS; AND22
(b) U
PON COMPLETION, MAKE AVAILABLE TO THE PUBLIC THE23
RESULTS OF THE AUDIT AND ANY VIOLATIONS OR RECOMMENDATIONS24
FOUND AS A RESULT OF THE AUDIT.25
(6) V
IOLATIONS OF THE REQUIREMENTS SPECIFIED IN THIS SECTION,26
INCLUDING WAGE AND HOUR VIOLATIONS , VIOLATIONS OF APPRENTICESHIP27
SB23-292
-18- REQUIREMENTS , FALSIFICATION OF RECORDS , OR WILLFUL1
NON-COMPLIANCE, ARE SUBJECT TO THE PENALTIES AND ENFORCEMENT2
RIGHTS AND REMEDIES DESCRIBED IN SECTIONS 24-92-115 (3), 24-92-209,3
24-92-210,
AND 24-109-105.4
(7) I
F AN ENERGY SECTOR PUBLIC WORKS PROJECT USES FEDERAL5
FUNDING THAT REQUIRES COMPLIANCE WITH THE FEDERAL "DAVIS-BACON6
A
CT", 40 U.S.C. SEC. 3141 ET SEQ., OR RELATED STATUTES, THE OWNER7
OF THE ENERGY SECTOR PUBLIC WORKS PROJECT SHALL :8
(a) N
OTIFY THE PUBLIC UTILITIES COMMISSION OF THEIR INTENT TO9
USE FEDERAL FUNDING TO FUND , IN WHOLE OR IN PART, THE ENERGY10
SECTOR PUBLIC WORKS PROJECT; AND11
(b) R
EQUIRE THE LEAD CONTRACTORS AND ALL OTHER12
CONTRACTORS AND SUBCONTRACTORS WORKING ON THE ENERGY SECTOR13
PUBLIC WORKS PROJECT TO PAY APPLICABLE FEDERALLY STIPULATED14
WAGE AND BENEFIT RATES AND PROVIDE CERTIFIED PAYROLL REPORTS TO15
THE PUBLIC UTILITIES COMMISSION IN THE SAME MANNER REQUIRED BY16
SUBSECTION (1) OF THIS SECTION.17
24-92-306. Energy sector public works projects - use of project18
labor agreements. (1) A
PUBLIC UTILITY, COOPERATIVE ELECTRIC19
ASSOCIATION, OR INDEPENDENT POWER PRODUCER IS AUTHORIZED TO20
INCORPORATE A PROJECT LABOR AGREEMENT REQUIREMENT FOR AN21
ENERGY SECTOR PUBLIC WORKS PROJECT IF THE PROJECT LABOR22
AGREEMENT WILL PROMOTE SUCCESSFUL PROJECT DELIVERY BY SECURING23
A SKILLED LABOR FORCE FOR THE PROJECT AND IF IT WILL PROMOTE24
COST-EFFICIENCY, SAFETY, QUALITY, AND TIMELY COMPLETION OF THE25
PROJECT.26
(2) I
F ALL CONSTRUCTION WORK ON AN ENERGY SECTOR PUBLIC27
SB23-292
-19- WORKS PROJECT IS COVERED BY A PROJECT LABOR AGREEMENT , THE1
REQUIREMENTS OF SECTIONS 24-92-304 AND 24-92-305 DO NOT APPLY TO2
THE PROJECT.3
(3) T
HE PUBLIC UTILITIES COMMISSION SHALL NOT DENY4
APPROVAL OF AN ENERGY SECTOR PUBLIC WORKS PROJECT SOLELY5
BECAUSE THE PROJECT OWNER VOLUNTARILY ELECTS TO USE A PROJECT6
LABOR AGREEMENT FOR THE PROJECT . THE PUBLIC UTILITIES COMMISSION7
MUST STATE ITS REASONS FOR DENIAL OF AN ENERGY SECTOR PUBLIC8
WORKS PROJECT IN WRITING WHEN IT ISSUES THE DECISION .9
24-92-307. Energy sector public works projects - existing10
authority of the public utilities commission. N
OTHING IN THIS SECTION11
CONTRAVENES THE STATUTORY AUTHORITY OF THE PUBLIC UTILITIES12
COMMISSION TO CONSIDER OVERALL PROJECT COSTS , THE IMPACT OF A13
PROJECT ON UTILITY CUSTOMERS , OR THE IMPACT OF PROJECT COST ON14
UTILITY RATES.15
SECTION 2. In Colorado Revised Statutes, 24-38.5-118, add16
(11) as follows:17
24-38.5-118. Geothermal energy grant program - creation -18
procedures - fund - report - definitions - repeal. (11) Grants awarded19
to energy sector public works projects - requirements. A
NY PROJECT20
THAT IS FUNDED IN WHOLE OR IN PART BY A GRANT AWARDED PURSUANT21
TO THIS SECTION AND THAT IS AN ENERGY SECTOR PUBLIC WORKS PROJECT ,22
AS DEFINED IN SECTION 24-92-303 (5), MUST COMPLY WITH THE23
APPLICABLE REQUIREMENTS OF THE "COLORADO ENERGY SECTOR PUBLIC24
W
ORKS PROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE25
92
OF THIS TITLE 24.26
SECTION 3. In Colorado Revised Statutes, 24-92-115, add (7)27
SB23-292
-20- as follows:1
24-92-115. Apprenticeship utilization requirements -2
mechanical, electrical, and plumbing contracts - public projects -3
definition. (7) (a) F
OR AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS4
DEFINED IN SECTION 24-92-303 (5), IN THE AMOUNT OF ONE MILLION5
DOLLARS OR MORE, THE GENERAL CONTRACTOR OR OTHER FIRM TO WHICH6
THE CONTRACT IS AWARDED SHALL :7
(I) I
DENTIFY, AT THE TIME THEY ARE PUT UNDER CONTRACT , ALL8
CONTRACTORS OR SUBCONTRACTORS REQUIRED FOR THE PROJECT , OTHER9
THAN THOSE USED FOR ALL MEC HANICAL , SHEET METAL, FIRE10
SUPPRESSION, SPRINKLER FITTING, ELECTRICAL, PLUMBING WORK, AND11
CONSTRUCTION CRAFT LABOR ; AND12
(II) C
ERTIFY THAT ALL CONTRACTORS OR SUBCONTRACTORS13
IDENTIFIED PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS14
REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR 'S15
EMPLOYMENT AND TRAINING ADMINISTRATION OR STATE APPRENTICESHIP16
COUNCILS RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR'S17
EMPLOYMENT AND TRAINING ADMINISTRATION AND HAVE A PROVEN18
RECORD OF GRADUATING APPRENTICES FOR AT LEAST THREE OF THE PAST19
FIVE YEARS.20
(b) S
UBSECTIONS (1)(a) TO (1)(c) OF THIS SECTION APPLY TO21
MECHANICAL, ELECTRICAL, AND PLUMBING CONTRACTORS AND22
SUBCONTRACTORS SUBJECT TO THIS SUBSECTION (7).23
(c) C
ONTRACTORS AND SUBCONTRACTORS THAT ARE SUBJECT TO24
THE REQUIREMENTS OF THIS SUBSECTION (7) AND THAT PROVIDE25
CONSTRUCTION CRAFT LABOR MUST CERTIFY THAT ALL FIRMS IDENTIFIED26
PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS THAT ARE27
SB23-292
-21- REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR 'S1
EMPLOYMENT AND TRAINING ADMINISTRATION OR A STATE2
APPRENTICESHIP COUNCIL RECOGNIZED BY THE UNITED STATES3
DEPARTMENT OF LABOR'S EMPLOYMENT AND TRAINING ADMINISTRATION4
AND THAT:5
(I) A
RE SUBJECT TO THE GRADUATION REQUIREMENTS OF6
SUBSECTIONS (1)(a)(II)(A) TO(1)(a)(II)(C) OF THIS SECTION; AND7
(II) P
ROVIDE DOCUMENTATION REQUIRED IN SUBSECTION8
(1)(a)(III)
OF THIS SECTION.9
(d) U
PON EVALUATION OF THE SUBMITTED BIDS, A PUBLIC UTILITY,10
INDEPENDENT POWER PRODUCER , OR COOPERATIVE ELECTRIC11
ASSOCIATION MAY WAIVE THE REQUIREMENTS OF THIS SECTION IF IT12
DETERMINES THAT THERE IS SUBSTANTIAL EVIDENCE THAT THERE ARE NO13
RESPONSIVE ELIGIBLE CONTRACTORS OR SUBCONTRACTORS FOR ANY14
TRADES AVAILABLE TO FULFILL THE APPRENTICESHIP REQUIREMENTS FOR15
ONE OR MORE OF THE TRADES SUBJECT TO THIS SECTION . ANY PARTY16
EXERCISING A WAIVER PURSUANT TO THIS SUBSECTION (7)(d) SHALL17
DISCLOSE THE WAIVER ON A PUBLICLY ACCESSIBLE WEBSITE , INCLUDING18
THE CONTRACTOR OR SUBCONTRACTOR TO WHICH THE WAIVER APPLIES19
AND THE SPECIFIC RATIONALE FOR THE WAIVER .20
(e) I
N THE EVENT OF AN EXTREME WEATHER EVENT , A WILDFIRE,21
OR AN EMERGENCY DECLARED BY THE STATE OF COLORADO OR THE22
FEDERAL GOVERNMENT , A PUBLIC UTILITY OR COOPERATIVE ELECTRIC23
ASSOCIATION MAY WAIVE THE REQUIREMENTS OF THIS SUBSECTION (7)24
WHEN PERFORMING REPAIR WORK TO RESTORE ELECTRIC SERVICE TO25
CUSTOMERS OR ASSOCIATION MEMBERS WHEN IT CAN REASONABLY26
DEMONSTRATE THAT:27
SB23-292
-22- (I) THE CAPACITY NEEDED TO RESTORE POWER EXCEEDS THE1
PUBLIC UTILITY'S OR COOPERATIVE ELECTRIC ASSOCIATION 'S AVAILABLE2
CAPACITY FOR EMERGENCY REPAIRS THROUGH ITS EMPLOYEES , STANDBY3
CONTRACTOR CAPACITY, OR APPLICABLE MUTUAL AID AGREEMENTS ; AND 4
(II) A
GOOD FAITH EFFORT TO IDENTIFY CONTRACTORS AND5
SUBCONTRACTORS THAT CAN COMPLY WITH THIS SUBSECTION (7) WAS6
MADE AND NO ELIGIBLE CONTRACTORS OR SUBCONTRACTORS WERE7
AVAILABLE FOR THE TIME FRAME FOR WHICH THE EMERGENCY CAPACITY8
WAS NEEDED.9
SECTION 4. In Colorado Revised Statutes, 40-2-123, add (5) as10
follows:11
40-2-123. Energy technologies - consideration by commission12
- incentives - demonstration projects - definitions - repeal. (5) A
NY13
PROJECT APPROVED PURSUANT TO THIS SECTION THAT IS AN ENERGY14
SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION 24-92-303 (5),15
MUST COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE "COLORADO16
E
NERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR REQUIREMENTS17
A
CT", PART 3 OF ARTICLE 92 OF TITLE 24.18
SECTION 5. In Colorado Revised Statutes, 40-2-127, add (3.7)19
as follows:20
40-2-127. Community energy funds - community solar21
gardens - definitions - rules - legislative declaration - repeal.22
(3.7) Energy sector public works projects. I
F THE DEVELOPMENT OF A23
COMMUNITY SOLAR GARDEN IS AN ENERGY SECTOR PUBLIC WORKS24
PROJECT, AS DEFINED IN SECTION 24-92-303 (5), THEN THE PROJECT MUST25
COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE "COLORADO26
E
NERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR REQUIREMENTS27
SB23-292
-23- ACT", PART 3 OF ARTICLE 92 OF TITLE 24.1
SECTION 6. In Colorado Revised Statutes, 40-2-129, amend2
(1)(a); repeal (4); and add (5) and (6) as follows:3
40-2-129. New resource acquisitions - factors in determination4
- local employment - "best value" employment metrics - performance5
audit. (1) (a) (I) When evaluating electric resource acquisitions and6
requests for a certificate of convenience and necessity for construction or7
expansion of generating facilities, including but not limited to pollution8
control or fuel conversion upgrades and conversion of existing coal-fired9
plants to natural gas plants, the commission shall consider, in all10
decisions involved in electric resource acquisition processes, best value11
regarding employment of Colorado labor, as defined in section 8-17-10112
(2)(a), and positive impacts on the long-term economic viability of13
Colorado communities. To this end, the commission shall require utilities14
to obtain and provide to the commission the following information15
regarding "best value" employment metrics:16
(A) The availability of training programs, including training17
through apprenticeship programs registered with the United States18
department of labor's office of apprenticeship or by state apprenticeship19
councils recognized by that office
FOR ALL APPRENTICEABLE TRADES20
REQUIRED TO EFFECTIVELY DELIVER THE PROJECT TO COMPLETION ;21
(B) Employment of Colorado labor as compared to importation of22
out-of-state workers;23
(C) T
HE ABILITY OF THE PROJECT TO EMPLOY WORKERS FROM24
TRADITIONALLY UNDERSERVED COMMUNITIES OR DISPROPORTIONATELY25
IMPACTED COMMUNITIES AS DEFINED IN SECTION 24-4-109 (2)(b)(II);26
(D) H
OW THE PROJECT SUPPORTS DOMESTIC MANUFACTURING27
SB23-292
-24- THROUGH THE UTILIZATION OF COLORADO AND DOMESTICALLY PRODUCED1
MATERIALS;2
(E) Long-term career opportunities; and3
(F) Industry-standard wages, health care, and pension benefits.4
(II) When a utility proposes to construct new facilities of its own,5
the utility shall supply similar information to the commission.6
(4) (a) The state auditor shall conduct or cause to be conducted a7
performance audit of the commission's implementation of the "best value"8
employment metrics requirements of this section, including review of:9
(I) The projects subject to subsection (1)(a) of this section that10
have been approved in the previous ten years;11
(II) Whether the work done used contractors that met the criteria12
specified in this section;13
(III) Any shortfalls in enforcement capacity or implementation by14
the commission;15
(IV) Current enforcement procedures for investor-owned utilities,16
independent power producers, and wholesale generation and transmission17
electric cooperatives; and18
(V) Whether and how delayed rule-making proceedings have19
prevented the "best value" employment metrics requirements of this20
section from being implemented.21
(b) The governor's office, the commission, and commission staff22
shall cooperate with stakeholders and the state auditor in conducting the23
audit and making recommendations for reforms of, or potential24
alternatives to, the implementation and enforcement of "best value"25
employment metrics.26
(c) Upon completion of a performance audit, the state auditor shall27
SB23-292
-25- submit a written report to the legislative audit committee, together with1
any findings and recommendations.2
(5) T
HE COMMISSION SHALL PROMULGATE RULES REQUIRING3
UTILITIES, WHEN SUBMITTING ANNUAL PROGRESS REPORTS FOR AN4
ELECTRIC RESOURCE ACQUISITION , TO COLLECT AND PROVIDE TO THE5
COMMISSION INFORMATION CONCERNING THE IMPLEMENTATION OF "BEST6
VALUE" EMPLOYMENT METRICS, AS DESCRIBED IN SUBSECTION (1)(a) OF7
THIS SECTION, WHICH METRICS WERE APPROVED BY THE COMMISSION8
DURING THE ACQUISITION PLANNING PROCESS AND WHICH ACQUISITIONS9
ARE UNDER CONSTRUCTION BY EITHER THE UTILITY OR BY OTHERS .10
(6) (a) O
N OR BEFORE DECEMBER 31, 2024, AND ON OR BEFORE11
D
ECEMBER 31 OF EACH YEAR THEREAFTER , THE COMMISSION SHALL12
SUBMIT A REPORT TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE13
HOUSE OF REPRESENTATIVES AND THE TRANSPORTATION AND ENERGY14
COMMITTEE OF THE SENATE , OR ANY SUCCESSOR COMMITTEES . THE15
REPORT MUST SUMMARIZE THE INFORMATION CONCERNING "BEST VALUE"16
EMPLOYMENT METRICS THAT IS REPORTED TO THE COMMISSION BY17
UTILITIES PURSUANT TO SUBSECTIONS (1)(a) AND (5) OF THIS SECTION AND18
INDICATE THE MANNER IN WHICH THE COMMISSION CONSIDERED THE19
INFORMATION.20
(b) N
OTWITHSTANDING THE LIMITATION DESCRIBED IN SECTION21
24-1-136 (11)(a)(I),
THE REPORTING REQUIREMENT DESCRIBED IN22
SUBSECTION (6)(a) OF THIS SECTION CONTINUES IN PERPETUITY.23
SECTION 7. In Colorado Revised Statutes, 40-3.2-105.5, add24
(5), (6), and (7) as follows:25
40-3.2-105.5. Labor standards for gas DSM projects.26
(5) (a) F
OR A PLUMBING, MECHANICAL, OR ELECTRICAL PROJECT IN A NEW27
SB23-292
-26- OR EXISTING INDUSTRIAL, COMMERCIAL, OR MULTIFAMILY RESIDENTIAL1
BUILDING THAT CONTAINS TWENTY THOUSAND SQUARE FEET OR MORE OF2
CONDITIONED FLOOR SPACE AND FOR WHICH A REBATE IS TO BE PROVIDED3
DIRECTLY TO THE CUSTOMER AS PART OF A GAS DSM PROGRAM, A UTILITY4
SHALL NOT ISSUE ANY REBATES OR INCENTIVES UNLESS THE LEAD5
GENERAL CONTRACTOR PERFORMING THE WORK FOR THE PROJECT SIGNS6
A NOTARIZED AFFIDAVIT UNDER PENALTY OF PERJURY STATING THAT ALL7
OF THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND PROVIDES8
THE SIGNED AFFIDAVIT TO THE SPONSORING UTILITY . THE AFFIDAVIT9
MUST:10
(I) I
DENTIFY THE CONTRACTORS OR SUBCONTRACTORS THAT WILL11
BE USED FOR ALL MECHANICAL , SHEET METAL, FIRE SUPPRESSION,12
SPRINKLER FITTING, ELECTRICAL, AND PLUMBING WORK, REQUIRED ON THE13
PROJECT;14
(II) C
ERTIFY THAT ALL FIRMS IDENTIFIED PARTICIPATE IN15
APPRENTICESHIP PROGRAMS REGISTERED WITH THE UNITED STATES16
DEPARTMENT OF LABOR'S EMPLOYMENT AND TRAINING ADMINISTRATION17
OR STATE APPRENTICESHIP COUNCILS RECOGNIZED BY THE UNITED STATES18
DEPARTMENT OF LABOR AND HAVE A PROVEN RECORD OF GRADUATING19
APPRENTICES AS FOLLOWS:20
(A) B
EGINNING JULY 1, 2021, THROUGH JUNE 30, 2026, A21
MINIMUM OF FIFTEEN PERCENT OF ITS APPRENTICES FOR AT LEAST THREE22
OF THE PAST FIVE YEARS;23
(B) B
EGINNING JULY 1, 2026, THROUGH JUNE 30, 2031, A24
MINIMUM OF TWENTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF25
THE PAST FIVE YEARS; AND26
(C) B
EGINNING JULY 1, 2031, AND EACH YEAR THEREAFTER , A27
SB23-292
-27- MINIMUM OF THIRTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF1
THE PAST FIVE YEARS; AND2
(III) S
UPPLY SUPPORTING DOCUMENTATION FROM THE UNITED3
S
TATES DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP OR STATE4
APPRENTICESHIP AGENCY VERIFYING THE INFORMATION PROVIDED IN THE5
CERTIFICATION SPECIFIED IN SUBSECTION (1)(a)(II) OF THIS SECTION.6
(b) T
HE UTILITY MUST MAINTAIN A DATABASE OF THE7
INFORMATION CONTAINED IN THE AFFIDAVIT FOR EACH PROJECT AWARDED8
A REBATE OR INCENTIVE.9
(6) (a) T
O ENSURE COMPLIANCE WITH THE REQUIREMENTS OF10
SUBSECTION (5) OF THIS SECTION, THE GENERAL CONTRACTOR OR OTHER11
FIRM TO WHICH THE CONTRACT IS AWARDED MUST AGREE TO PROVIDE12
ADDITIONAL DOCUMENTATION TO THE PARTICIPATING UTILITY OFFERING13
THE REBATE OR INCENTIVE REGARDING THE REQUIREMENTS FOR AFFECTED14
APPRENTICESHIP TRAINING PROGRAMS SPECIFIED IN SUBSECTION (5)(a) OF15
THIS SECTION.16
(b) I
F THE UTILITY OFFERING THE REBATE OR INCENTIVE17
DETERMINES THAT A MECHANICAL , ELECTRICAL, OR PLUMBING18
SUBCONTRACTOR HAS WILLFULLY FALSIFIED DOCUMENTATION OR19
WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS AS REQUIRED TO20
COMPLY WITH THIS SECTION IN THE CONTRACT, THE UTILITY SHALL DIRECT21
THE CONTRACTOR TO TERMINATE THE SUBCONTRACTOR CONTRACT22
IMMEDIATELY AND THE SUBCONTRACTOR SHALL IMMEDIATELY BE23
REMOVED FROM THE PUBLIC PROJECT . THE UTILITY MAY ALSO DEBAR THE24
OFFENDING SUBCONTRACTORS FOR FUTURE PARTICIPATION IN REBATES OR25
INCENTIVE PROGRAMS ESTABLISHED UNDER THIS SECTION .26
(c) I
F AFTER ISSUING A REBATE OR INCENTIVE PURSUANT TO THIS27
SB23-292
-28- SECTION, A UTILITY DETERMINES THAT A CONTRACTOR OR1
SUBCONTRACTOR HAS WILLFULLY VIOLATED ANY REQUIREMENT OF THIS2
SECTION, THE UTILITY MAY DEMAND A FULL REFUND OF THE REBATE OR3
INCENTIVE WITH REASONABLE PENALTIES AND INTEREST AND MAY PURSUE4
ANY REMEDY PROVIDED BY LAW .5
(d) A
UTILITY MUST MAINTAIN A LIST OF CONTRACTORS AND6
SUBCONTRACTORS THAT HAVE WILLFULLY FALSIFIED DOCUMENTATION OR7
WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS OR THAT ARE8
DEBARRED FROM RECEIVING FUTURE REBATES OR INCENTIVES AND MAKE9
THAT LIST AVAILABLE TO THEIR CUSTOMERS ON THEIR WEBSITE .10
(7) (a) W
HEN THE QUALIFYING REBATE OR INCENTIVE FOR A11
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION IS OVER FIFTY12
THOUSAND DOLLARS , THE UTILITY THAT OFFERS THE REBATE OR13
INCENTIVE MUST ESTABLISH PERIODIC AUDITS AT LEAST EVERY THREE14
YEARS TO ENSURE THAT THE CONTRACTOR OR SUBCONTRACTOR15
MAINTAINS COMPLIANCE WITH THIS SECTION .16
(b) I
F THE AUDIT DETERMINES THAT THERE WERE WILLFUL17
VIOLATIONS OF THIS SECTION, THE UTILITY MAY DEMAND A FULL REFUND18
OF THE REBATE OR INCENTIVE WITH REASONABLE PENALTIES AND19
INTEREST AND MAY PURSUE ANY REMEDY PROVIDED BY LAW .20
SECTION 8. In Colorado Revised Statutes, 40-3.2-105.6, add21
(5), (6), and (7) as follows:22
40-3.2-105.6. Labor standards for beneficial electrification23
projects. (5) (a) F
OR A BENEFICIAL ELECTRIFICATION PROJECT IN A NEW24
OR EXISTING INDUSTRIAL, COMMERCIAL, OR MULTIFAMILY RESIDENTIAL25
BUILDING THAT CONTAINS TWENTY THOUSAND SQUARE FEET OR MORE OF26
CONDITIONED FLOOR SPACE AND FOR WHICH A REBATE IS TO BE PROVIDED27
SB23-292
-29- DIRECTLY TO THE CUSTOMER, A UTILITY SHALL NOT ISSUE ANY REBATES1
OR INCENTIVES UNLESS THE LEAD GENERAL CONTRACTOR PERFORMING2
THE WORK FOR THE PROJECT SIGNS A NOTARIZED AFFIDAVIT UNDER3
PENALTY OF PERJURY STATING THAT ALL OF THE REQUIREMENTS OF THIS4
SECTION HAVE BEEN MET AND PROVIDES THE SIGNED AFFI DAVIT TO THE5
SPONSORING UTILITY. THE AFFIDAVIT MUST:6
(I) I
DENTIFY THE CONTRACTORS OR SUBCONTRACTORS THAT WILL7
BE USED FOR ALL MECHANICAL , SHEET METAL, FIRE SUPPRESSION,8
SPRINKLER FITTING, ELECTRICAL, AND PLUMBING WORK REQUIRED ON THE9
PROJECT;10
(II) C
ERTIFY THAT ALL FIRMS IDENTIFIED PARTICIPATE IN11
APPRENTICESHIP PROGRAMS REGISTERED WITH THE UNITED STATES12
DEPARTMENT OF LABOR'S EMPLOYMENT AND TRAINING ADMINISTRATION13
OR STATE APPRENTICESHIP COUNCILS RECOGNIZED BY THE UNITED STATES14
DEPARTMENT OF LABOR AND HAVE A PROVEN RECORD OF GRADUATING15
APPRENTICES AS FOLLOWS:16
(A) B
EGINNING JULY 1, 2021, THROUGH JUNE 30, 2026, A17
MINIMUM OF FIFTEEN PERCENT OF ITS APPRENTICES FOR AT LEAST THREE18
OF THE PAST FIVE YEARS;19
(B) B
EGINNING JULY 1, 2026, THROUGH JUNE 30, 2031, A20
MINIMUM OF TWENTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF21
THE PAST FIVE YEARS; AND22
(C) B
EGINNING JULY 1, 2031, AND EACH YEAR THEREAFTER , A23
MINIMUM OF THIRTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF24
THE PAST FIVE YEARS; AND25
(III) S
UPPLY SUPPORTING DOCUMENTATION FROM THE UNITED26
S
TATES DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP OR STATE27
SB23-292
-30- APPRENTICESHIP AGENCY VERIFYING THE INFORMATION PROVIDED IN THE1
CERTIFICATION SPECIFIED IN SUBSECTION (1)(a)(II) OF THIS SECTION.2
(b) T
HE UTILITY MUST MAINTAIN A DATABASE OF THE3
INFORMATION CONTAINED IN THE AFFIDAVIT FOR EACH PROJECT AWARDED4
A REBATE OR INCENTIVE.5
(6) (a) T
O ENSURE COMPLIANCE WITH THE REQUIREMENTS OF6
SUBSECTION (5) OF THIS SECTION, THE GENERAL CONTRACTOR OR OTHER7
FIRM TO WHICH THE CONTRACT IS AWARDED MUST AGREE TO PROVIDE8
ADDITIONAL DOCUMENTATION TO THE PARTICIPATING UTILITY OFFERING9
THE REBATE OR INCENTIVE REGARDING THE REQUIREMENTS FOR AFFECTED10
APPRENTICESHIP TRAINING PROGRAMS SPECIFIED IN SUBSECTION (5)(a) OF11
THIS SECTION.12
(b) I
F THE UTILITY OFFERING THE REBATE OR INCENTIVE13
DETERMINES THAT A MECHANICAL , ELECTRICAL, OR PLUMBING14
SUBCONTRACTOR HAS WILLFULLY FALSIFIED DOCUMENTATION OR15
WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS AS REQUIRED TO16
COMPLY WITH THIS SECTION IN THE CONTRACT, THE UTILITY SHALL DIRECT17
THE CONTRACTOR TO TERMINATE THE SUBCONTRACTOR CONTRACT18
IMMEDIATELY AND THE SUBCONTRACTOR MUST IMMEDIATELY BE19
REMOVED FROM THE PUBLIC PROJECT . THE UTILITY MAY DEBAR THE20
OFFENDING SUBCONTRACTORS FOR FUTURE PARTICIPATION IN REBATE OR21
INCENTIVE PROGRAMS ESTABLISHED UNDER THIS SECTION .22
(c) I
F AFTER ISSUING A REBATE OR INCENTIVE PURSUANT TO THIS23
SECTION, A UTILITY DETERMINES THAT A CONTRACTOR OR24
SUBCONTRACTOR HAS WILLFULLY VIOLATED ANY REQUIREMENT OF THIS25
SECTION, THE UTILITY MAY DEMAND A FULL REFUND OF THE REBATE OR26
INCENTIVE WITH REASONABLE PENALTIES AND INTEREST AND MAY PURSUE27
SB23-292
-31- ANY REMEDY PROVIDED BY LAW .1
(d) A
UTILITY SHALL MAINTAIN A LIST OF CONTRACTORS AND2
SUBCONTRACTORS THAT HAVE WILLFULLY FALSIFIED DOCUMENTATION OR3
WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS OR THAT ARE4
DEBARRED FROM RECEIVING FUTURE REBATES OR INCENTIVES AND MAKE5
THAT LIST AVAILABLE TO THEIR CUSTOMERS ON THEIR WEBSITE .6
(7) (a) W
HEN THE QUALIFYING REBATE OR INCENTIVE FOR7
PROGRAMS ESTABLISHED PURSUANT TO THIS SECTION IS OVER FIFTY8
THOUSAND DOLLARS , THE UTILITY THAT OFFERS THE REBATE OR9
INCENTIVE MUST ESTABLISH PERIODIC AUDITS AT LEAST EVERY THREE10
YEARS TO ENSURE THAT THE CONTRACTOR OR SUBCONTRACTOR11
MAINTAINS COMPLIANCE WITH THIS SECTION .12
(b) I
F THE AUDIT DETERMINES THAT THERE WERE WILLFUL13
VIOLATIONS OF THIS SECTION, THE UTILITY MAY DEMAND A FULL REFUND14
OF THE REBATE OR INCENTIVE WITH REASONABLE PENALTIES AND15
INTEREST AND MAY PURSUE ANY REMEDY PROVIDED BY LAW .16
SECTION 9. In Colorado Revised Statutes, 40-3.2-108, add17
(8)(e) as follows:18
40-3.2-108. Clean heat targets - legislative declaration -19
definitions - plans - rules - reports. (8) Employment and utility20
workforce. (e) I
F A PROJECT IN CONNECTION WITH A CLEAN HEAT PLAN ,21
IS AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION22
24-92-303
(5), THE PROJECT MUST COMPLY WITH THE APPLICABLE23
REQUIREMENTS OF THE "COLORADO ENERGY SECTOR PUBLIC WORKS24
P
ROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF25
TITLE 24.26
SECTION 10. In Colorado Revised Statutes, 40-5-107, add27
SB23-292
-32- (3)(c) as follows:1
40-5-107. Electric vehicle programs - definitions - repeal.2
(3) (c) A
N ELECTRIC VEHICLE INFRASTRUCTURE PROJECT THAT IS AN3
ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION4
24-92-303
(5), MUST COMPLY WITH THE APPLICABLE REQUIREMENTS OF5
THE "COLORADO ENERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR6
R
EQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF TITLE 24.7
SECTION 11. In Colorado Revised Statutes, 40-42-107, add (4)8
as follows:9
40-42-107. Labor standards - apprenticeship - supervision.10
(4) A
NY PROJECT FOR THE CONSTRUCTION, EXPANSION, OR MAINTENANCE11
OF FACILITIES UNDERTAKEN IN COLORADO PURSUANT TO THIS ARTICLE 4212
THAT IS AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN13
SECTION 24-92-303 (5), MUST COMPLY WITH THE APPLICABLE14
REQUIREMENTS OF THE "COLORADO ENERGY SECTOR PUBLIC WORKS15
P
ROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF16
TITLE 24.17
SECTION 12. Act subject to petition - effective date -18
applicability. (1) This act takes effect January 1, 2024; except that, if a19
referendum petition is filed pursuant to section 1 (3) of article V of the20
state constitution against this act or an item, section, or part of this act21
within the ninety-day period after final adjournment of the general22
assembly, then the act, item, section, or part will not take effect unless23
approved by the people at the general election to be held in November24
2024 and, in such case, will take effect on the date of the official25
declaration of the vote thereon by the governor.26
(2) This act applies to any energy sector public works project for27
SB23-292
-33- which an invitation for bids or proposals is issued on or after January 1,1
2024.2
SB23-292
-34-