First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0302.01 Nicole Myers x4326
SENATE BILL 23-292
Senate Committees House Committees
Business, Labor, & Technology State, Civic, Military, & Veterans Affairs
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING LABOR REQUIREMENTS FOR ENERGY SECTOR101
CONSTRUCTION, AND, IN CONNECTION THEREWITH , MAKING AN
102
APPROPRIATION.103
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
HOUSE
2nd Reading Unamended
May 4, 2023
SENATE
3rd Reading Unamended
May 1, 2023
SENATE
Amended 2nd Reading
April 28, 2023
SENATE SPONSORSHIP
Hansen and Fenberg, Coleman, Danielson, Exum, Hinrichsen, Marchman, Mullica,
Roberts, Rodriguez, Bridges, Buckner, Cutter, Fields, Gonzales, Jaquez Lewis, Kolker, Priola,
Sullivan, Winter F.
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. mechanical, electrical, or plumbing subcontractor is put under contract,
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
292
-2- owner of the energy sector public works project weekly;
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
292
-3- works project. A project labor agreement is required to:
! 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.
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
292-5- ESCALATING UTILITY BILLS AND DANGEROUS POWER OUTAGES IF POWER1
SUPPLY IS NOT MAINTAINED IN SUFFICIENT CAPACITY TO MEET FUTURE ,2
GROWING DEMAND. FOR THESE REASONS, APPROPRIATE MEASURES MUST3
BE TAKEN TO PROTECT FUTURE ENERGY INVESTMENTS , PROMOTE4
SUCCESSFUL CONSTRUCTION DELIVERY , AND PREVENT ERRORS IN THE5
PLANNING AND DELIVERY OF NEW FACILITIES .6
(e) O
NE OF THE MOST CHALLENGING ASPECTS OF ENERGY FACILITY7
CONSTRUCTION IS ENSURING THAT PROJECTS ARE SUPPORTED BY CAPABLE8
CRAFT LABOR RESOURCES . IT IS ESSENTIAL FOR THESE PROJECTS TO BE9
STAFFED BY A RELIABLE AND ADEQUATE SUPPLY OF PROPERLY TRAINED10
WORKERS IN ALL APPLICABLE TRADES AND CRAFTS REQUIRED FOR THESE11
FACILITIES.12
(f) E
NERGY SECTOR PUBLIC WORKS PROJECTS BUILT BY OR FOR THE13
USE OF REGULATED UTILITIES, LIKE TRADITIONAL PUBLIC PROJECTS, ARE14
OFTEN BUILT FOR THE COLLECTIVE BENEFIT OF ALL CITIZENS AND15
RESIDENTS OF COLORADO. THESE PROJECTS ARE OFTEN FUNDED THROUGH16
PUBLIC TAX DOLLARS OR THROUGH THE COLLECTIVE RESOURCES17
ACQUIRED THROUGH COLORADO UTILITIES BILLING CUSTOMERS. LIKE TAX18
DOLLARS, THESE RESOURCES ACQUIRED THROUGH UTILITY RATES S HOULD19
DEMAND A HIGHER ST ANDARD OF PUBLIC BENEFIT BACK TO THE20
CONSUMERS AND COMMUNITIES FROM WHICH THE RESOURCES WERE21
COLLECTED.22
(g) E
XTENSIVE RESEARCH SHOWS THAT PREVAILING WAGE LAWS23
ARE EFFECTIVE IN ATTRACTING BETTER QUALIFIED WORKERS TO PROJECTS24
AND PROMOTING CRITICALLY NEEDED INVESTMENTS IN APPRENTICESHIP25
TRAINING REQUIRED TO ENSURE ADEQUATE CRAFT LABOR SKILL LEVELS26
AND PRODUCTIVITY. LIKEWISE, THE USE OF REGISTERED APPRENTICESHIP27
292
-6- TRAINING PROGRAMS AND PROJECT LABOR AGREEMENTS HAS BEEN1
PROVEN TO BE THE MOST EFFECTIVE STRATEGY FOR PROVIDING2
HIGH-LEVEL SKILLS TRAINING AND ENSURING NEEDED QUALIFICATION3
CREDENTIALING FOR WORKERS IN THE CONSTRUCTION INDUSTRY .4
(h) B
Y PROVIDING PROJECT OWNERS , DEVELOPERS, AND5
CONTRACTORS UNIQUE AND UNPARALLELED ACCESS TO AN ADEQUATE6
SUPPLY OF WELL-TRAINED, HIGHLY SKILLED CRAFT LABOR IN AFFECTED7
PROJECT AREAS, CRAFT LABOR STANDARDS PROMOTE SUCCESSFUL8
PROJECT DELIVERY GOALS, INCLUDING QUALITY, SAFETY, TIMELINESS, AND9
COST-EFFICIENCY, BY PROVIDING EFFECTIVE QUALITY CONTROL OVER10
CRAFT LABOR SUPPLY CAPABILITIES , AS WELL AS RISK AVOIDANCE TO11
PREVENT DISRUPTIONS AND OTHER LABOR PERFORMANCE PROBLEMS12
CAUSED BY INADEQUATE CRAFT LABOR CAPABILITIES ;13
(i) F
OR THESE REASONS, INCORPORATING PREVAILING WAGE14
STANDARDS AND APPRENTICESHIP REQUIREMENTS AND ENCOURAGING15
PROJECT LABOR AGREEMENTS FOR PUBLIC UTILITIES AND OTHER ENERGY16
FACILITY PLANNING AND CONSTRUCTION IS NECESSARY TO PROTECT AND17
PROMOTE THE PUBLIC'S INTEREST IN THESE PROJECTS;18
(j) B
Y INCORPORATING WELL ESTABLISHED QUALITY CONTRACTING19
PROCUREMENT TOOLS , SUCH AS PREVAILING WAGES , APPRENTICESHIP20
UTILIZATION REQUIREMENTS, AND PROJECT LABOR AGREEMENTS INTO OUR21
ENERGY RESOURCE PLANNING , THE STATE OF COLORADO WILL HAVE THE22
CAPABILITIES TO BETTER PROTECT ITS ENERGY INVESTMENTS , IMPROVE23
CONSTRUCTION PROJECT DELIVERY IN THE ENERGY SECTOR , FULLY24
DOCUMENT AND EVALUATE THE DIRECTIVES SET FORTH IN SECTION25
40-2-129,
AND CREATE A CLEAR SET OF STANDARDS FOR ENFORCEMENT TO26
ACHIEVE THE LAW'S INTENT FOR THE BENEFIT OF COLORADO WORKERS27
292
-7- AND THE COMMUNITIES WHERE THEY LIVE ;1
(k) U
SE OF THESE QUALITY CONTRACTING TOOLS IS ALREADY2
INCORPORATED INTO COLORADO'S TRADITIONAL PUBLIC PROCUREMENT3
LAW AS PREVAILING WAGE AND APPRENTICESHIP POLICIES ADOPTED IN4
SECTIONS 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. IN ADDITION,5
PROJECT LABOR AGREEMENTS HAVE BEEN SUCCESSFULLY USED IN6
C
OLORADO IN THE PAST FOR PROJECTS IN THE ENERGY SECTOR AND THE7
BROADER PRIVATE SECTOR CONSTRUCTION INDUSTRY . THESE8
AGREEMENTS HAVE ALSO BEEN UPHELD BY THE COURTS , FOR EXAMPLE, IN9
B
LDG. & CONSTR. TRADES COUNCIL V. ASSOCIATED BUILDERS &10
C
ONTRACTORS OF MASS./R.I., INC., 507 U.S. 230, 231 (1993), DUE TO THEIR11
ABILITY TO HELP SECURE RELIABLE CRAFT LABOR STAFFING AND PROMOTE12
TIMELY PROJECT DELIVERY.13
(l) D
UE TO THEIR BENEFITS IN PROMOTING SUCCESSFUL PROJECT14
DELIVERY IN PROJECTS ASSISTED BY FEDERAL GRANTS AND TAX CREDITS ,15
THE FEDERAL GOVERNMENT IS STRONGLY ENCOURAGING THE USE OF16
THESE QUALITY CONTRACTING TOOLS GENERALLY , AND ESPECIALLY IN17
THE ENERGY SECTOR, WHERE MAJOR FEDERAL ASSISTANCE PROGRAMS18
UNDER THE RECENT FEDERAL "INFLATION REDUCTION ACT OF 2022", PUB.19
L.
117-169, ARE PROVIDING APPROXIMATELY THREE HUNDRED SEVENTY20
BILLION DOLLARS IN FUNDING TO PROMOTE CLEAN ENERGY SOURCES21
ACROSS THE COUNTRY.22
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT23
BECAUSE COST-EFFECTIVE, SAFE, AND EFFICIENT GENERATION ,24
TRANSMISSION, AND DISTRIBUTION SYSTEMS IN THE ENERGY SECTOR ARE25
VITAL TO THE STATE'S ECONOMY AND THE PUBLIC WELFARE AND SAFETY ,26
QUALITY CONTROL AND RISK AVOIDANCE MEASURES ARE NECESSARY TO27
292
-8- ENSURE THAT THE CONSTRUCTION OF PROJECTS NECESSARY FOR THESE1
SYSTEMS ARE ADEQUATELY STAFFED BY PROPERLY TRAINED AND2
QUALIFIED CRAFT LABOR PERSONNEL .3
24-92-303. Definitions. A
S USED IN THIS PART 3, UNLESS THE4
CONTEXT OTHERWISE REQUIRES :5
(1) "C
ONSTRUCTION" MEANS THE CONSTRUCTION, ALTERATION, OR6
REPAIR OF AN ENERGY SECTOR PUBLIC WORKS PROJECT , CONSISTENT WITH7
AND INCLUDING THE SAME LIMITATIONS AS THE DEFINITION OF8
CONSTRUCTION AS ESTABLISHED IN SECTION 45(b)(7)(a) OF THE FEDERAL9
"I
NTERNAL REVENUE CODE OF 1986", AS AMENDED, AND AS DESCRIBED10
IN ALL RELATED OFFICIAL GUIDANCE FROM THE FEDERAL INTERNAL11
REVENUE SERVICE AND THE UNITED STATES DEPARTMENT OF LABOR12
IMPLEMENTING THE APPLICABLE SECTIONS OF THE FEDERAL "INFLATION13
R
EDUCTION ACT".14
(2) "C
OOPERATIVE ELECTRIC ASSOCIATION " HAS THE SAME15
MEANING AS SET FORTH IN SECTION 40-9.5-102 (1).16
(3) "C
RAFT LABOR" MEANS EMPLOYEES WHO ARE ENGAGED IN THE17
CONSTRUCTION OF AN ENERGY SECTOR PUBLIC WORKS PROJECT ,18
INCLUDING ALL TRADES, CRAFTS, AND OCCUPATIONS, AND WHO ARE PAID19
HOURLY.20
(4) "C
RAFT LABOR CERTIFICATION" MEANS ALL DOCUMENTATION21
AND CERTIFICATION OF PAYROLL REQUIRED FOR AN ENERGY SECTOR22
PUBLIC WORKS PROJECT IN ACCORDANCE WITH THE REQUIREMENTS OF23
SECTION 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92.24
(5) (a) "E
NERGY SECTOR PUBLIC WORKS PROJECT " MEANS ANY25
PROJECT IN THE STATE THAT:26
(I) H
AS THE PURPOSE OF GENERATING , TRANSMITTING, OR27
292
-9- DISTRIBUTING ELECTRICITY OR NATURAL GAS TO PROVIDE ENERGY TO1
C
OLORADO INDIVIDUAL CONSUMERS AND BUSINESSES , IS BUILT BY OR FOR2
A PUBLIC UTILITY, INCLUDING ANY PROJECT FOR WHICH ENERGY IS3
PURCHASED THROUGH A POWER PURCHASER OR SIMILAR AGREEMENT , AND4
IS FUNDED IN WHOLE OR IN PART BY:5
(A) T
HE STATE, THROUGH DIRECT FUNDING , LOANS, LOAN6
GUARANTEES,
LAND TRANSFERS, TAX ASSISTANCE, INCLUDING TAX7
CREDITS, DEDUCTIONS, OR INCENTIVES, OR OTHER ASSISTANCE ALLOCATED8
OR APPROPRIATED BY THE STATE; OR9
(B) U
TILITY CUSTOMER FUNDING AS APPROVED IN ANY10
PROCEEDING CONDUCTED BY THE PUBLIC UTILITIES COMMISSION AS PART11
OF AN ELECTRIC RESOURCE ACQUISITION OR REQUESTS FOR CERTIFICATES12
OF CONVENIENCE AND NECESSITY FOR CONSTRUCTION OR EXPANSION OF13
A PROJECT, INCLUDING BUT NOT LIMITED TO POLLUTION CONTROL OR FUEL14
CONVERSION UPGRADES AND CONVERSION OF EXISTING COAL -FIRED15
PLANTS TO NATURAL GAS PLANTS ; OR16
(II) H
AS THE PURPOSE OF GENERATING OR DISTRIBUTING17
ELECTRICITY OR NATURAL GAS FOR THE PURPOSES OF PROVIDING ENERGY18
TO COLORADO INDIVIDUAL CONSUMERS AND BUSINESSES FROM UTILITY19
CUSTOMER FUNDING AS APPROVED BY A COOPERATIVE ELECTRIC20
ASSOCIATION.21
(b) "E
NERGY SECTOR PUBLIC WORKS PROJECT " INCLUDES THE
22
FOLLOWING PROJECT TYPES, SO LONG AS THEY SATISFY THE CRITERIA IN23
SUBSECTION (5)(a)(I) OR (5)(a)(II) OF THIS SECTION:24
(I) P
OWER GENERATION WITH A NAMEPLATE GENERATION25
CAPACITY OF ONE MEGAWATT OR HIGHER , INCLUDING GENERATION26
SOURCED FROM WIND, SOLAR, GEOTHERMAL, HYDROGEN, NUCLEAR, OR27
292
-10- BIOENERGY, OR ANY PROJECT THAT GENERATES ELECTRICITY FROM THE1
COMBUSTION OF OIL, GAS, OR OTHER FOSSIL FUELS OR AN ENERGY2
STORAGE SYSTEM AS DEFINED BY SECTION 40-2-202 WITH AN ENERGY3
RATING OF ONE MEGAWATT OF POWER CAPACITY OR FOUR MEGAWATT4
HOURS OF USEABLE ENERGY CAPACITY OR HIGHER ; AND5
(II) O
THER PROJECTS WITH A TOTAL PROJECT COST OF ONE MILLION6
DOLLARS OR MORE THAT INCLUDE :7
(A) P
OLLUTION CONTROLS;8
(B) U
TILITY GAS
DISTRIBUTION;9
(C) E
LECTRIC TRANSMISSION PROJECTS;10
(D) G
EOTHERMAL SYSTEMS THAT ARE USED TO PROVIDE HEAT OR11
HEATED WATER OR THAT OPERATE AS THERMAL SYSTEMS OR THERMAL12
NETWORKS AS DEFINED IN LAW;13
(E) E
LECTRIC VEHICLE CHARGING INFRASTRUCTURE
14
INSTALLATIONS;15
(F) H
YDROGEN-RELATED INFRASTRUCTURE CONSTRUCTION16
PROJECTS;17
(G) A
NY PROJECT THAT TRANSPORTS OR STORES CARBON DIOXIDE18
CAPTURED FROM POWER GENERATION ; AND19
(H) A
NY OTHER CONSTRUCTION PROJECTS COVERED BY THIS PART20
3.21
(6) "F
EDERAL PREVAILING WAGE AND APPRENTICESHIP22
REQUIREMENTS" MEANS THE REQUIREMENTS UNDER :23
(a) S
ECTIONS 45(b)(7) AND (8) OF TITLE 26 OF THE UNITED STATES24
C
ODE, WHETHER APPLICABLE DIRECTLY OR UNDER A PROVISION OF THE25
FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED, THAT26
APPLIES SUCH SECTIONS OF THE UNITED STATES CODE; OR27
292
-11- (b) SECTIONS 48(a)(10) AND (11) OF TITLE 26 OF THE UNITED1
S
TATES CODE, WHETHER APPLICABLE DIRECTLY OR UNDER A PROVISION2
OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED THAT3
APPLIES SUCH SECTIONS OF THE UNITED STATES CODE.4
(7) "F
EDERAL "INFLATION REDUCTION ACT"" MEANS THE FEDERAL5
"I
NFLATION REDUCTION ACT OF 2022", UNITED STATES CODE, TITLE 26,6
INCLUDING BUT NOT LIMITED TO SECTIONS 30C, 45, 45B, 45L, 45Q, 45U,7
45V,
45X, 45Y, 45Z, 48, 48C, 48E, AND 179D, AND ASSOCIATED8
IMPLEMENTING RULES AND GUI DANCE PROMULGATED BY THE UNITED9
S
TATES DEPARTMENT OF THE TREASURY AND THE UNITED STATES10
INTERNAL REVENUE SERVICE, AS THE STATUTE AND IMPLEMENTING RULES11
AND GUIDANCE MAY BE AMENDED FROM TIME TO TIME .12
(8) "L
EAD CONTRACTOR" MEANS A GENERAL CONTRACTOR ,13
CONSTRUCTION MANAGER , DEVELOPER, DESIGN BUILDER, OR OTHER PARTY14
THAT IS PRIMARILY RESPONSIBLE TO A PUBLIC UTILITY OR INDEPENDENT15
POWER PRODUCER FOR PERFORMING CONSTRUCTION UNDER A CONTRACT16
FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT .17
(9) "P
ROJECT LABOR AGREEMENT " MEANS A PREHIRE COLLECTIVE18
BARGAINING AGREEMENT BETWEEN A LEAD CONTRACTOR AND19
CONSTRUCTION LABOR ORGANIZATIONS , INCLUDING BUT NOT LIMITED TO20
THE COLORADO BUILDING AND CONSTRUCTION TRADES COUNCIL AND ITS21
AFFILIATES OR A GROUP OF LABOR UNIONS COVERING THE AFFECTED22
TRADES NECESSARY TO PERFORM WORK ON A PROJECT , THAT ESTABLISHES23
THE TERMS AND CONDITIONS OF EMPLOYMENT OF THE CONSTRUCTION24
WORKFORCE ON AN ENERGY SECTOR PUBLIC WORKS PROJECT . A PROJECT25
LABOR AGREEMENT MUST INCLUDE PROVISIONS THAT :26
(a) S
ET FORTH EFFECTIVE, IMMEDIATE, AND MUTUALLY BINDING27
292
-12- PROCEDURES FOR RESOLVING JURISDICTIONAL LABOR DISPUTES AND1
GRIEVANCES ARISING BEFORE THE COMPLETION OF WORK ;2
(b) C
ONTAIN GUARANTEES AGAINST STRIKES , LOCKOUTS, OR3
SIMILAR ACTIONS;4
(c) E
NSURE A RELIABLE SOURCE OF TRAINED , SKILLED, AND5
EXPERIENCED CONSTRUCTION CRAFT LABOR ;6
(d) F
URTHER PUBLIC POLICY OBJECTIVES REGARDING IMPROVED7
EMPLOYMENT OPPORTUNITIES FOR MINORITIES , WOMEN, OR OTHER8
ECONOMICALLY DISADVANTAGED POPULATIONS IN THE CONSTRUCTION9
INDUSTRY, INCLUDING PERSONS FROM DISPROPORTIONATELY IMPACTED10
COMMUNITIES, TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW ;11
(e) P
ERMIT THE SELECTION OF THE LOWEST QUALIFIED12
RESPONSIBLE BIDDER OR LOWEST QUALIFIED RESPONSIBLE OFFEROR13
WITHOUT REGARD TO UNION OR NON -UNION STATUS AT OTHER14
CONSTRUCTION SITES;15
(f) B
IND ALL CONTRACTORS AND SUBCONTRACTORS ON THE16
ENERGY SECTOR PUBLIC WORKS PROJECT TO THE PROJECT LABOR17
AGREEMENT THROUGH THE INCLUSION OF APPROPRIATE BID18
SPECIFICATIONS IN ALL RELEVANT CONTRACT DOCUMENTS ; AND19
(g) I
NCLUDE OTHER TERMS AS THE PARTIES DEEM APPROPRIATE .20
(10) "P
UBLIC UTILITY" HAS THE SAME MEANING AS SET FORTH IN21
SECTION 40-1-103.22
24-92-304. Energy sector public works projects - craft labor23
employment - training - wage requirements. (1) (a) E
XCEPT AS24
OTHERWISE PROVIDED IN SUBSECTIONS (1)(b) AND (1)(c) OF THIS SECTION,25
A CONTRACT BETWEEN PUBLIC UTILITIES , COOPERATIVE ELECTRIC26
ASSOCIATIONS, OR INDEPENDENT POWER PRODUCERS AND LEAD27
292
-13- CONTRACTORS FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT MUST1
INCLUDE PROVISIONS EXPRESSLY REQUIRING THAT ALL WORK PERFORMED2
UNDER THE CONTRACT COMPLY WITH THE REQUIREMENTS OF SECTION3
24-92-115
(7) AND THE REQUIREMENTS OF PART 2 OF THIS ARTICLE 92 IF4
THE PROJECT IS AN ELECTRIC POWER GENERATION PROJECT WITH A5
NAMEPLATE GENERATION CAPACITY OF ONE MEGAWATT OF HIGHER OR IF6
THE PROJECT IS A PROJECT SPECIFIED IN SUBSECTION 24-92-303 (5)(b)(II)7
WITH A TOTAL PROJECT COST OF ONE MILLION DOLLARS OR MORE . THESE8
REQUIREMENTS CONSTITUTE MATERIAL TERMS OF SUCH CONTRACTS .9
(b) (I) F
OR ENERGY SECTOR PUBLIC WORKS PROJECTS FUNDED
10
PURSUANT TO SECTION 24-92-303 (5)(a)(I)(A), THE REQUIREMENTS OF11
THIS PART 3 APPLY ONLY WHEN THE PROJECT IS A POWER GENERATION12
PROJECT WITH A NAMEPLATE GENERATION CAPACITY OF ONE MEGAWATT13
OR HIGHER OR AN ENERGY STORAGE SYSTEM AS DEFINED BY SECTION14
40-2-202
WITH AN ENERGY RATING OF ONE MEGAWATT OF POWER
15
CAPACITY OR FOUR MEGAWATT HOURS OF USEABLE ENERGY CAPACITY OR16
HIGHER AND THE AGGREGATED PUBLIC ASSISTANCE FROM THE STATE IS17
FIVE HUNDRED THOUSAND DOLLARS OR MORE .18
(II) F
OR ENERGY SECTOR PUBLIC WORKS PROJECTS UNDER
19
24-92-303(5)(b)(II),
THE REQUIREMENTS OF THIS PART 3 APPLY ONLY
20
WHEN THE TOTAL PROJECT COST IS ONE MILLION DOLLARS OR MORE , AND21
THE AGGREGATED PUBLIC ASSISTANCE FROM THE STATE , FUNDING FROM22
A PUBLIC UTILITY, OR FUNDING FROM A COOPERATIVE ELECTRIC23
ASSOCIATION IS FIVE HUNDRED THOUSAND DOLLARS OR MORE .24
(c) T
HE REQUIREMENTS OF THIS PART 3 DO NOT APPLY TO:25
(I) A
PROJECT THAT IS COVERED BY A PROJECT LABOR AGREEMENT ;26
(II) W
ORK ON AN ENERGY SECTOR PUBLIC WORKS PROJECT27
292
-14- PERFORMED BY THE EMPLOYEES OF A UTILITY COMPANY ;1
(III) S
O LONG AS COMPLIANCE WITH ANY APPLICABLE FEDERAL2
"I
NFLATION REDUCTION ACT" QUALIFICATION REQUIREMENTS IS A3
MATERIAL TERM OF THE AGREEMENT WITH A PUBLIC UTILITY ,4
COOPERATIVE ELECTRIC ASSOCIATION , INDEPENDENT POWER PRODUCER ,5
OR THE STATE, WORK ON AN ENERGY SECTOR PUBLIC WORKS PROJECT PUT6
OUT TO BID ON OR AFTER JANUARY 1, 2024, THAT IS QUALIFIED FOR AND7
CLAIMS THE INCREASED FEDERAL PRODUCTION TAX CREDIT OR8
INVESTMENT TAX CREDIT AMOUNT , EXCLUDING ANY DOMESTIC CONTENT ,9
ENERGY COMMUNITY , OR LOW-INCOME COMMUNITY BONUS CREDIT , AS A10
RESULT OF:11
(A)
SATISFYING THE PREVAILING WAGE AND APPRENTICESHIP12
REQUIREMENTS UNDER THE PROVISIONS OF THE FEDERAL "INFLATION13
R
EDUCTION ACT"; OR14
(B) A
CHIEVING THE START OF CONSTRUCTION PRIOR TO JANUARY15
29,
2023, PURSUANT TO THE PRINCIPLES OUTLINED IN THE FEDERAL16
INTERNAL REVENUE SERVICE GUIDANCE AND THE UNITED STATES17
DEPARTMENT OF LABOR GUIDANCE RELATED TO THE FEDERAL "INFLATION18
R
EDUCTION ACT" AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME ;19
(IV) A
UTILITY-INCENTIVIZED DEMAND-SIDE MANAGEMENT OR20
ELECTRIFICATION PROGRAM PURSUANT TO SECTION 40-3.2-105.5 OR21
40-3.2-105.6;22
(V) U
TILITY OR STATE-FUNDED BUILDING ENERGY
EFFICIENCY23
PROGRAMS;24
(VI) S
ERVICE AGREEMENTS THAT WERE ENTERED INTO BY A25
PUBLIC UTILITY, INDEPENDENT POWER PRODUCER , OR COOPERATIVE26
ELECTRIC ASSOCIATION ON OR BEFORE MARCH 1, 2023; EXCEPT THAT27
292
-15- UPON RENEWAL OR ISSUANCE OF A NEW REQUEST FOR PROPOSALS , THE1
SERVICE AGREEMENT MUST COME INTO COMPLIANCE WITH THE2
REQUIREMENTS OF THIS SECTION;3
(VII) P
ROJECTS THAT INVOLVE AN ELECTRIC DISTRIBUTION LINE4
WITH A CAPACITY OF 69KV OR LESS; AND5
(VIII) P
ROJECTS THAT INVOLVE PIPELINES WITH A SPECIFIED6
MINIMUM YIELD STRENGTH LESS THAN THIRTY PERCENT .7
(2) U
NLESS THE CONTRACTUAL REQUIREMENTS SPECIFIED IN8
SUBSECTION (1) OF THIS SECTION ARE IN PLACE, AN AFFECTED PROJECT9
SHALL NOT BE ELIGIBLE TO:10
(a) R
ECEIVE FUNDING FROM THE STATE THROUGH GENERAL FUND11
APPROPRIATIONS, TAX CREDITS, TAX DEDUCTIONS, LAND TRANSFERS, OR12
OTHER FUNDING OR ASSISTANCE PROVIDED BY THE GENERAL ASSEMBLY OR13
A GOVERNMENT AGENCY ; OR14
(b) R
ECEIVE ANY APPROVALS OR AUTHORIZATIONS FROM THE15
PUBLIC UTILITIES COMMISSION, INCLUDING APPROVALS FOR UTILITY16
FUNDING OR FOR COMMENCEMENT OF THE PROJECT , INCLUDING A17
CERTIFICATE OF PUBLIC CONVENIENCE .18
(3) T
HE LEAD CONTRACTOR ENGAGED TO PERFORM CONSTRUCTION19
SERVICES FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT MUST REQUIRE20
ALL SUBCONTRACTORS USED ON THE PROJECT TO COMPLY WITH SECTION21
24-92-115
(7) AND PART 2 OF THIS ARTICLE 92 BY ENSURING THAT SUCH22
REQUIREMENTS ARE STIPULATED IN ALL SUBCONTRACTS . LEAD23
CONTRACTORS MUST TAKE ALL REASONABLY NECESSARY STEPS TO24
ENSURE COMPLIANCE BY MONITORING SUBCONTRACTORS .25
(4) T
HE PUBLIC UTILITIES COMMISSION SHALL NOT FIND AN26
ENERGY SECTOR PUBLIC WORKS PROJECT TO BE IN COMPLIANCE WITH27
292
-16- SECTION 40-2-129 UNLESS THE CONSTRUCTION CONTRACT FOR THE1
PROJECT INCLUDES PROVISIONS EXPRESSLY REQUIRING THAT ALL WORK2
PERFORMED UNDER THE CONTRACT COMPLY WITH THE REQUIREMENTS OF3
SECTION 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. COMPLIANCE4
WITH THIS SUBSECTION (4) DOES NOT PREVENT THE COMMISSION FROM5
CONSIDERING ALL "BEST VALUE" EMPLOYMENT METRICS AS DEFINED IN6
SECTION 40-2-129, INCLUDING THOSE METRICS THAT ARE NOT DIRECTLY7
RELATED TO THE PROCUREMENT OF CRAFT LABOR AND APPRENTICESHIP8
TRAINING ON AN ENERGY SECTOR PUBLIC WORKS PROJECT .9
(5) C
ONSISTENT WITH SECTION 24-92-203 (4), BIDDERS ON ENERGY10
SECTOR PUBLIC WORKS PROJECTS SHALL NOT ARTIFICIALLY DIVIDE THE11
OVERALL GENERATION CAPACITY OR OVERALL PROJECT COST OF AN12
ENERGY SECTOR PUBLIC WORKS PROJECT TO DELIBERATELY AVOID THE13
REQUIREMENTS TO COMPLY WITH SECTION 24-92-115 (7) AND PART 2 OF14
THIS ARTICLE 92. THE PUBLIC UTILITIES COMMISSION, THE STATE, A PUBLIC15
UTILITY, OR A COOPERATIVE ELECTRIC ASSOCIATION MAY STILL REQUIRE16
COMPLIANCE WITH PREVAILING WAGE AND APPRENTICESHIP UTILIZATION17
REQUIREMENTS IF THEY DETERMINE THAT A BIDDER HAS ARTIFICIALLY18
DIVIDED A PROJECT WITH THE INTENT OF AVOIDING THE REQUIREMENT TO19
COMPLY WITH THOSE SECTIONS.20
24-92-305. Energy sector public works projects - record21
keeping - reporting - craft labor certification - sanctions - compliance22
with best value employment metrics. (1) T
HE LEAD CONTRACTOR FOR23
AN ENERGY SECTOR PUBLIC WORKS PROJECT SHALL PREPARE CERTIFIED24
PAYROLL RECORDS FOR CRAFT WORKERS DIRECTLY EMPLOYED BY THE25
CONTRACTOR, OBTAIN CERTIFIED PAYROLL RECORDS FROM ALL26
CONTRACTORS AND SUBCONTRACTORS ON THE PROJECTS , AND SUBMIT THE27
292
-17- RECORDS TO THE PUBLIC UTILITY OR OTHER OWNER OF THE ENERGY1
SECTOR PUBLIC WORKS PROJECT ON A WEEKLY BASIS . EACH LEAD2
CONTRACTOR AND SUBCONTRACTOR SHALL CERTIFY , UNDER THE PENALTY3
OF PERJURY, THAT THE RECORDS PROVIDE COMPLETE AND ACCURATE4
INFORMATION FOR ALL CRAFT WORKERS EMPLOYED ON THE PROJECT .5
(2) T
HE LEAD CONTRACTOR FOR AN ENERGY SECTOR PUBLIC6
WORKS PROJECT SHALL PREPARE A CRAFT LABOR CERTIFICATION ON A7
QUARTERLY BASIS FOR WORK THAT IS BEING PERFORMED UNDER AFFECTED8
PROJECTS.9
(3) A
CRAFT LABOR CERTIFICATION MUST INCLUDE THE10
FOLLOWING:11
(a) A
SWORN ATTESTATION, UNDER THE PENALTY OF PERJURY ,12
THAT THE LEAD CONTRACTOR IS FULLY COMPLIANT WITH ALL13
EMPLOYMENT, TRAINING, AND WAGE REQUIREMENTS OF SECTION14
24-92-115
(7) AND PART 2 OF THIS ARTICLE 92; AND15
(b) A
N IDENTICAL, EQUIVALENT CRAFT LABOR CERTIFICATION16
EXECUTED IN THE SAME MANNER BY ALL SUBCONTRACTORS17
PARTICIPATING IN THE ENERGY SECTOR PUBLIC WORKS PROJECT .18
(4) T
HE PUBLIC UTILITY, COOPERATIVE ELECTRIC ASSOCIATION ,19
INDEPENDENT POWER PRODUCER , OR OTHER OWNER OF AN ENERGY20
SECTOR PUBLIC WORKS PROJECT IS RESPONSIBLE FOR MAINTENANCE OF21
RECORDS FOR ALL CRAFT LABOR CERTIFICATIONS . THE PUBLIC UTILITY,
22
COOPERATIVE ELECTRIC ASSOCIATION , INDEPENDENT POWER PRODUCER ,23
OR OTHER OWNER OF AN ENERGY SECTOR PUBLIC WORKS PROJECT SHALL24
EITHER PROVIDE COPIES QUARTERLY OR REQUIRE BY CONTRACT THAT THE25
LEAD CONTRACTOR PROVIDE COPIES QUARTERLY , TO THE DEPARTMENT OF26
LABOR AND EMPLOYMENT FOR REVIEW AND OVERSIGHT PURPOSES .27
292
-18- (5) NO LATER THAN JANUARY 1, 2029, AND AT LEAST FIVE YEARS1
THEREAFTER, THE STATE AUDITOR'S OFFICE SHALL CONDUCT AN AUDIT OF2
THE COMMISSION'S APPROVAL OF ENERGY SECTOR PUBLIC WORKS3
PROJECTS. THE PURPOSE OF THE AUDIT IS TO ESTABLISH OVERSIGHT AND4
ACCOUNTABILITY FOR COMPLIANCE WITH SECTION 40-2-129, AND TO5
DETERMINE WHETHER A SAMPLE OF PROJECTS THAT HAVE BEEN APPROVED6
BY THE COMMISSION ARE FULLY COMPLIANT WITH ALL EMPLOYMENT ,7
TRAINING, WAGE, AND APPRENTICESHIP REQUIREMENTS OF SECTION8
24-92-115
(7) AND PART 2 OF THIS ARTICLE 92. THE AUDIT MUST
9
CONSIDER INFORMATION AND RECORDS RELATED TO THE CRAFT LABOR10
CERTIFICATIONS THAT ARE COLLECTED AND MAINTAINED BY THE11
DEPARTMENT OF LABOR AND EMPLOYMENT . THE DEPARTMENT OF LABOR12
AND EMPLOYMENT SHALL PROVIDE ANY INFORMATION NEEDED TO13
PERFORM THE AUDIT AS REQUESTED BY THE STATE AUDITOR 'S OFFICE.14
(a) T
HE AUDIT PROCESS MUST SELECT A SAMPLE OF PROJECTS FOR
15
REVIEW AND ENSURE THAT THE SCOPE OF THE AUDIT ENCOMPASSES THE16
BROAD TYPES OF ENERGY SECTOR PUBLIC WORKS PROJECTS .17
(b) U
PON RELEASE OF THE AUDIT REPORT BY THE LEGISLATIVE
18
AUDIT COMMITTEE, THE STATE AUDITOR MUST MAKE THE RESULTS OF THE19
AUDIT AVAILABLE TO THE PUBLIC.20
(c) A
FTER CONDUCTING TWO AUDITS UNDER THIS SUBSECTION (5),
21
THE STATE AUDITOR MAY CONDUCT ADDITIONAL AUDITS IN THE STATE22
AUDITOR'S DISCRETION.23
(6) V
IOLATIONS OF THE REQUIREMENTS SPECIFIED IN THIS SECTION,24
INCLUDING WAGE AND HOUR VIOLATIONS , VIOLATIONS OF APPRENTICESHIP25
REQUIREMENTS , FALSIFICATION OF RECORDS , OR WILLFUL26
NON-COMPLIANCE, ARE SUBJECT TO THE PENALTIES AND ENFORCEMENT27
292
-19- RIGHTS AND REMEDIES DESCRIBED IN SECTIONS 24-92-115 (3), 24-92-209,1
24-92-210,
AND 24-109-105.2
(7) I
F AN ENERGY SECTOR PUBLIC WORKS PROJECT USES FEDERAL3
FUNDING THAT REQUIRES COMPLIANCE WITH THE FEDERAL "DAVIS-BACON4
A
CT", 40 U.S.C. SEC. 3141 ET SEQ., OR RELATED STATUTES, THE OWNER5
OF THE ENERGY SECTOR PUBLIC WORKS PROJECT SHALL :6
(a) N
OTIFY THE PUBLIC UTILITIES COMMISSION OF THEIR INTENT TO7
USE FEDERAL FUNDING TO FUND , IN WHOLE OR IN PART, THE ENERGY8
SECTOR PUBLIC WORKS PROJECT; AND9
(b) R
EQUIRE THE LEAD CONTRACTORS AND ALL OTHER10
CONTRACTORS AND SUBCONTRACTORS WORKING ON THE ENERGY SECTOR11
PUBLIC WORKS PROJECT TO PAY APPLICABLE FEDERALLY STIPULATED12
WAGE AND BENEFIT RATES AND PROVIDE CERTIFIED PAYROLL REPORTS TO13
THE PUBLIC UTILITIES COMMISSION IN THE SAME MANNER REQUIRED BY14
SUBSECTION (1) OF THIS SECTION.15
24-92-306. Energy sector public works projects - use of project16
labor agreements. (1) A
PUBLIC UTILITY, COOPERATIVE ELECTRIC17
ASSOCIATION, OR INDEPENDENT POWER PRODUCER IS AUTHORIZED TO18
INCORPORATE A PROJECT LABOR AGREEMENT REQUIREMENT FOR AN19
ENERGY SECTOR PUBLIC WORKS PROJECT IF THE PROJECT LABOR20
AGREEMENT WILL PROMOTE SUCCESSFUL PROJECT DELIVERY BY SECURING21
A SKILLED LABOR FORCE FOR THE PROJECT AND IF IT WILL PROMOTE22
COST-EFFICIENCY, SAFETY, QUALITY, AND TIMELY COMPLETION OF THE23
PROJECT.24
(2) I
F ALL CONSTRUCTION WORK ON AN ENERGY SECTOR PUBLIC25
WORKS PROJECT IS COVERED BY A PROJECT LABOR AGREEMENT , THE26
REQUIREMENTS OF SECTIONS 24-92-304 AND 24-92-305 DO NOT APPLY TO27
292
-20- THE PROJECT.1
(3) T
HE PUBLIC UTILITIES COMMISSION SHALL NOT DENY2
APPROVAL OF AN ENERGY SECTOR PUBLIC WORKS PROJECT SOLELY3
BECAUSE THE PROJECT OWNER VOLUNTARILY ELECTS TO USE A PROJECT4
LABOR AGREEMENT FOR THE PROJECT . THE PUBLIC UTILITIES COMMISSION5
MUST STATE ITS REASONS FOR DENIAL
IN WRITING WHEN IT ISSUES6
THE DECISION.7
24-92-307. Energy sector public works projects - existing8
authority of the public utilities commission. N
OTHING IN THIS SECTION9
CONTRAVENES THE STATUTORY AUTHORITY OF THE PUBLIC UTILITIES10
COMMISSION TO CONSIDER OVERALL PROJECT COSTS , THE IMPACT OF A11
PROJECT ON UTILITY CUSTOMERS , OR THE IMPACT OF PROJECT COST ON12
UTILITY RATES.13
SECTION 2. In Colorado Revised Statutes, 24-38.5-118, add14
(11) as follows:15
24-38.5-118. Geothermal energy grant program - creation -16
procedures - fund - report - definitions - repeal. (11) Grants awarded17
to energy sector public works projects - requirements. A
NY PROJECT18
THAT IS FUNDED IN WHOLE OR IN PART BY A GRANT AWARDED PURSUANT19
TO THIS SECTION AND THAT IS AN ENERGY SECTOR PUBLIC WORKS PROJECT ,20
AS DEFINED IN SECTION 24-92-303 (5), MUST COMPLY WITH THE21
APPLICABLE REQUIREMENTS OF THE "COLORADO ENERGY SECTOR PUBLIC22
W
ORKS PROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE23
92
OF THIS TITLE 24.24
SECTION 3. In Colorado Revised Statutes, 24-92-115, add (7)25
as follows:26
24-92-115. Apprenticeship utilization requirements -27
292
-21- mechanical, electrical, and plumbing contracts - public projects -1
definition. (7) (a) F
OR AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS2
DEFINED IN SECTION 24-92-303 (5),
THE GENERAL CONTRACTOR OR3
OTHER FIRM TO WHICH THE CONTRACT IS AWARDED SHALL :4
(I) I
DENTIFY, AT THE TIME THEY ARE PUT UNDER CONTRACT , ALL5
CONTRACTORS OR SUBCONTRACTORS REQUIRED FOR THE PROJECT , OTHER6
THAN THOSE USED FOR ALL MECHANICAL , SHEET METAL, FIRE7
SUPPRESSION, SPRINKLER FITTING, ELECTRICAL, PLUMBING WORK, AND8
CONSTRUCTION CRAFT LABOR ; AND9
(II) C
ERTIFY THAT ALL CONTRACTORS OR SUBCONTRACTORS10
IDENTIFIED PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS11
REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR 'S12
EMPLOYMENT AND TRAINING ADMINISTRATION OR STATE APPRENTICESHIP13
AGENCIES
RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR'S14
EMPLOYMENT AND TRAINING ADMINISTRATION AND HAVE A PROVEN15
RECORD OF GRADUATING APPRENTICES FOR AT LEAST THREE OF THE PAST16
FIVE YEARS.17
(b) S
UBSECTIONS (1)(a) TO (1)(c) OF THIS SECTION APPLY TO18
MECHANICAL, ELECTRICAL, AND PLUMBING CONTRACTORS AND19
SUBCONTRACTORS SUBJECT TO THIS SUBSECTION (7).20
(c) C
ONTRACTORS AND SUBCONTRACTORS THAT ARE SUBJECT TO21
THE REQUIREMENTS OF THIS SUBSECTION (7) AND THAT PROVIDE22
CONSTRUCTION CRAFT LABOR MUST CERTIFY THAT ALL FIRMS IDENTIFIED23
PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS THAT ARE24
REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR 'S25
EMPLOYMENT AND TRAINING ADMINISTRATION OR A STATE26
APPRENTICESHIP AGENCY
RECOGNIZED BY THE UNITED STATES27
292
-22- DEPARTMENT OF LABOR'S EMPLOYMENT AND TRAINING ADMINISTRATION1
AND THAT:2
(I) S
ATISFY
TO THE GRADUATION REQUIREMENTS OF SUBSECTIONS3
(1)(a)(II)(A)
TO(1)(a)(II)(C) OF THIS SECTION AT THE TIME THE CONTRACT
4
OR SUBCONTRACT WAS EXECUTED ; AND5
(II) P
ROVIDE DOCUMENTATION REQUIRED IN SUBSECTION6
(1)(a)(III)
OF THIS SECTION.7
(d) U
PON EVALUATION OF THE SUBMITTED BIDS, A PUBLIC UTILITY,8
INDEPENDENT POWER PRODUCER , OR COOPERATIVE ELECTRIC9
ASSOCIATION MAY WAIVE THE REQUIREMENTS OF THIS SECTION IF IT10
DETERMINES THAT THERE IS SUBSTANTIAL EVIDENCE THAT THERE ARE NO11
RESPONSIVE ELIGIBLE CONTRACTORS OR SUBCONTRACTORS FOR ANY12
TRADES AVAILABLE TO FULFILL THE APPRENTICESHIP REQUIREMENTS FOR13
ONE OR MORE OF THE TRADES SUBJECT TO THIS SECTION . ANY PARTY14
EXERCISING A WAIVER PURSUANT TO THIS SUBSECTION (7)(d) SHALL15
DISCLOSE THE WAIVER ON A PUBLICLY ACCESSIBLE WEBSITE , INCLUDING16
THE CONTRACTOR OR SUBCONTRACTOR TO WHICH THE WAIVER APPLIES17
AND THE SPECIFIC RATIONALE FOR THE WAIVER .18
(e) I
N THE EVENT OF AN EXTREME WEATHER EVENT , A WILDFIRE,19
OR AN EMERGENCY DECLARED BY THE STATE OF COLORADO OR THE20
FEDERAL GOVERNMENT , A PUBLIC UTILITY OR COOPERATIVE ELECTRIC21
ASSOCIATION MAY WAIVE THE REQUIREMENTS OF THIS SUBSECTION (7)22
WHEN PERFORMING REPAIR WORK TO RESTORE ELECTRIC SERVICE TO23
CUSTOMERS OR ASSOCIATION MEMBERS WHEN IT CAN REASONABLY24
DEMONSTRATE THAT:25
(I) T
HE CAPACITY NEEDED TO RESTORE POWER EXCEEDS THE26
PUBLIC UTILITY'S OR COOPERATIVE ELECTRIC ASSOCIATION 'S AVAILABLE27
292
-23- CAPACITY FOR EMERGENCY REPAIRS THROUGH ITS EMPLOYEES , STANDBY1
CONTRACTOR CAPACITY, OR APPLICABLE MUTUAL AID AGREEMENTS ; AND 2
(II) A
GOOD FAITH EFFORT TO IDENTIFY CONTRACTORS AND3
SUBCONTRACTORS THAT CAN COMPLY WITH THIS SUBSECTION (7) WAS4
MADE AND NO ELIGIBLE CONTRACTORS OR SUBCONTRACTORS WERE5
AVAILABLE FOR THE TIME FRAME FOR WHICH THE EMERGENCY CAPACITY6
WAS NEEDED.7
SECTION 4. In Colorado Revised Statutes, 40-2-123, add (5) as8
follows:9
40-2-123. Energy technologies - consideration by commission10
- incentives - demonstration projects - definitions - repeal. (5) A
NY11
PROJECT APPROVED PURSUANT TO THIS SECTION THAT IS AN ENERGY12
SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION 24-92-303 (5),13
MUST COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE "COLORADO14
E
NERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR REQUIREMENTS15
A
CT", PART 3 OF ARTICLE 92 OF TITLE 24.16
SECTION 5. In Colorado Revised Statutes, 40-2-127, add (3.7)17
as follows:18
40-2-127. Community energy funds - community solar19
gardens - definitions - rules - legislative declaration - repeal.20
(3.7) Energy sector public works projects. I
F THE DEVELOPMENT OF A21
COMMUNITY SOLAR GARDEN IS AN ENERGY SECTOR PUBLIC WORKS22
PROJECT, AS DEFINED IN SECTION 24-92-303 (5), THEN THE PROJECT MUST23
COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE "COLORADO24
E
NERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR REQUIREMENTS25
A
CT", PART 3 OF ARTICLE 92 OF TITLE 24.26
SECTION 6. In Colorado Revised Statutes, 40-2-129, amend27
292
-24- (1)(a); repeal (4); and add (5) and (6) as follows:1
40-2-129. New resource acquisitions - factors in determination2
- local employment - "best value" employment metrics - performance3
audit. (1) (a) (I) When evaluating electric resource acquisitions and4
requests for a certificate of convenience and necessity for construction or5
expansion of generating facilities, including but not limited to pollution6
control or fuel conversion upgrades and conversion of existing coal-fired7
plants to natural gas plants, the commission shall consider, in all8
decisions involved in electric resource acquisition processes, best value9
regarding employment of Colorado labor, as defined in section 8-17-10110
(2)(a), and positive impacts on the long-term economic viability of11
Colorado communities. To this end, the commission shall require utilities12
to obtain and provide to the commission the following information13
regarding "best value" employment metrics:14
(A) The availability of training programs, including training15
through apprenticeship programs registered with the United States16
department of labor's office of apprenticeship or by state apprenticeship17
councils AGENCIES recognized by that office FOR ALL APPRENTICEABLE18
TRADES REQUIRED TO EFFECTIVELY DELIVER THE PROJECT TO19
COMPLETION;20
(B) Employment of Colorado labor as compared to importation of21
out-of-state workers;22
(C) T
HE ABILITY OF THE PROJECT TO EMPLOY WORKERS FROM23
TRADITIONALLY UNDERSERVED COMMUNITIES OR DISPROPORTIONATELY24
IMPACTED COMMUNITIES AS DEFINED IN SECTION 24-4-109 (2)(b)(II);25
(D) H
OW THE PROJECT SUPPORTS DOMESTIC MANUFACTURING26
THROUGH THE UTILIZATION OF COLORADO AND DOMESTICALLY PRODUCED27
292
-25- MATERIALS, INCLUDING CONSIDERATION OF THE POTENTIAL FOR1
DOMESTICALLY MANUFACTURED MATERIALS BEING UNAVAILABLE IN THE2
MARKETPLACE;3
(E) Long-term career opportunities; and4
(F) Industry-standard wages, health care, and pension benefits.5
(II) When a utility proposes to construct new facilities of its own,6
the utility shall supply similar information to the commission.7
(4) (a) The state auditor shall conduct or cause to be conducted a8
performance audit of the commission's implementation of the "best value"9
employment metrics requirements of this section, including review of:10
(I) The projects subject to subsection (1)(a) of this section that11
have been approved in the previous ten years;12
(II) Whether the work done used contractors that met the criteria13
specified in this section;14
(III) Any shortfalls in enforcement capacity or implementation by15
the commission;16
(IV) Current enforcement procedures for investor-owned utilities,17
independent power producers, and wholesale generation and transmission18
electric cooperatives; and19
(V) Whether and how delayed rule-making proceedings have20
prevented the "best value" employment metrics requirements of this21
section from being implemented.22
(b) The governor's office, the commission, and commission staff23
shall cooperate with stakeholders and the state auditor in conducting the24
audit and making recommendations for reforms of, or potential25
alternatives to, the implementation and enforcement of "best value"26
employment metrics.27
292
-26- (c) Upon completion of a performance audit, the state auditor shall1
submit a written report to the legislative audit committee, together with2
any findings and recommendations.3
(5) T
HE COMMISSION SHALL PROMULGATE RULES REQUIRING4
UTILITIES, WHEN SUBMITTING ANNUAL PROGRESS REPORTS FOR AN5
ELECTRIC RESOURCE ACQUISITION , TO COLLECT AND PROVIDE TO THE6
COMMISSION INFORMATION CONCERNING THE IMPLEMENTATION OF "BEST7
VALUE" EMPLOYMENT METRICS, AS DESCRIBED IN SUBSECTION (1)(a) OF8
THIS SECTION, WHICH METRICS WERE APPROVED BY THE COMMISSION9
DURING THE ACQUISITION PLANNING PROCESS AND WHICH ACQUISITIONS10
ARE UNDER CONSTRUCTION BY EITHER THE UTILITY OR BY OTHERS .11
(6) (a) O
N OR BEFORE DECEMBER 31, 2024, AND ON OR BEFORE12
D
ECEMBER 31 OF EACH YEAR THEREAFTER , THE COMMISSION SHALL13
SUBMIT A REPORT TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE14
HOUSE OF REPRESENTATIVES AND THE TRANSPORTATION AND ENERGY15
COMMITTEE OF THE SENATE , OR ANY SUCCESSOR COMMITTEES . THE16
REPORT MUST SUMMARIZE THE INFORMATION CONCERNING "BEST VALUE"17
EMPLOYMENT METRICS THAT IS REPORTED TO THE COMMISSION BY18
UTILITIES PURSUANT TO SUBSECTIONS (1)(a) AND (5) OF THIS SECTION AND19
INDICATE THE MANNER IN WHICH THE COMMISSION CONSIDERED THE20
INFORMATION.21
(b) N
OTWITHSTANDING THE LIMITATION DESCRIBED IN SECTION22
24-1-136 (11)(a)(I),
THE REPORTING REQUIREMENT DESCRIBED IN23
SUBSECTION (6)(a) OF THIS SECTION CONTINUES IN PERPETUITY.24
SECTION 7. In Colorado Revised Statutes, 40-3.2-105.5, add25
(5), (6), and (7) as follows:26
40-3.2-105.5. Labor standards for gas DSM projects.27
292
-27- (5) (a) FOR A PLUMBING, MECHANICAL, OR ELECTRICAL PROJECT IN A NEW1
OR EXISTING INDUSTRIAL, COMMERCIAL, OR MULTIFAMILY RESIDENTIAL2
BUILDING THAT CONTAINS TWENTY THOUSAND SQUARE FEET OR MORE OF3
CONDITIONED FLOOR SPACE AND FOR WHICH A REBATE IS TO BE PROVIDED4
DIRECTLY TO THE BUILDING OWNER AS PART OF A GAS DSM PROGRAM, A5
UTILITY SHALL NOT ISSUE ANY REBATES OR INCENTIVES UNLESS THE LEAD6
GENERAL CONTRACTOR PERFORMING THE WORK FOR THE PROJECT SIGNS7
A NOTARIZED AFFIDAVIT UNDER PENALTY OF PERJURY STATING THAT ALL8
OF THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND PROVIDES9
THE SIGNED AFFIDAVIT TO THE SPONSORING UTILITY . THE AFFIDAVIT10
MUST:11
(I) I
DENTIFY THE CONTRACTORS OR SUBCONTRACTORS THAT WILL12
BE USED FOR ALL MECHANICAL , SHEET METAL, FIRE SUPPRESSION,13
SPRINKLER FITTING, ELECTRICAL, AND PLUMBING WORK, REQUIRED ON THE14
PROJECT;15
(II) C
ERTIFY THAT ALL FIRMS IDENTIFIED PARTICIPATE IN16
APPRENTICESHIP PROGRAMS REGISTERED WITH THE UNITED STATES17
DEPARTMENT OF LABOR'S EMPLOYMENT AND TRAINING ADMINISTRATION18
OR STATE APPRENTICESHIP AGENCIES
RECOGNIZED BY THE UNITED STATES19
DEPARTMENT OF LABOR AND HAVE A PROVEN RECORD OF GRADUATING20
APPRENTICES AS FOLLOWS:21
(A) B
EGINNING JULY 1, 2021, THROUGH JUNE 30, 2026, A22
MINIMUM OF FIFTEEN PERCENT OF ITS APPRENTICES FOR AT LEAST THREE23
OF THE PAST FIVE YEARS;24
(B) B
EGINNING JULY 1, 2026, THROUGH JUNE 30, 2031, A25
MINIMUM OF TWENTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF26
THE PAST FIVE YEARS; AND27
292
-28- (C) BEGINNING JULY 1, 2031, AND EACH YEAR THEREAFTER , A1
MINIMUM OF THIRTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF2
THE PAST FIVE YEARS; AND3
(III) S
UPPLY SUPPORTING DOCUMENTATION FROM THE UNITED4
S
TATES DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP OR STATE5
APPRENTICESHIP AGENCY VERIFYING THE INFORMATION PROVIDED IN THE6
CERTIFICATION SPECIFIED IN SUBSECTION (1)(a)(II) OF THIS SECTION.7
(b) T
HE UTILITY MUST MAINTAIN A DATABASE OF THE8
INFORMATION CONTAINED IN THE AFFIDAVIT FOR EACH PROJECT AWARDED9
A REBATE OR INCENTIVE.10
(c) T
HIS SUBSECTION (5) DOES NOT APPLY TO A GAS DSM
11
PROGRAM THAT IS LIMITED TO IN-UNIT WORK IN A MULTIFAMILY BUILDING,12
AS UNDERTAKEN BY THE OWNER OR TENANT OF THE MULTIFAMILY13
BUILDING OR UNIT.14
(6) (a) T
O ENSURE COMPLIANCE WITH THE REQUIREMENTS OF15
SUBSECTION (5) OF THIS SECTION, THE GENERAL CONTRACTOR OR OTHER16
FIRM TO WHICH THE CONTRACT IS AWARDED MUST AGREE TO PROVIDE17
ADDITIONAL DOCUMENTATION TO THE PARTICIPATING UTILITY OFFERING18
THE REBATE OR INCENTIVE REGARDING THE REQUIREMENTS FOR AFFECTED19
APPRENTICESHIP TRAINING PROGRAMS SPECIFIED IN SUBSECTION (5)(a) OF20
THIS SECTION.21
(b) I
F THE UTILITY OFFERING THE REBATE OR INCENTIVE22
DETERMINES THAT A MECHANICAL , ELECTRICAL, OR PLUMBING23
SUBCONTRACTOR HAS WILLFULLY FALSIFIED DOCUMENTATION OR24
WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS AS REQUIRED TO25
COMPLY WITH THIS SECTION IN THE CONTRACT, THE UTILITY SHALL DIRECT26
THE CONTRACTOR TO TERMINATE THE SUBCONTRACTOR CONTRACT27
292
-29- IMMEDIATELY AND THE SUBCONTRACTOR SHALL IMMEDIATELY BE1
REMOVED FROM THE PUBLIC PROJECT . THE UTILITY MAY ALSO DEBAR THE2
OFFENDING SUBCONTRACTORS FOR FUTURE PARTICIPATION IN REBATES OR3
INCENTIVE PROGRAMS ESTABLISHED UNDER THIS SECTION .4
(c) I
F AFTER ISSUING A REBATE OR INCENTIVE PURSUANT TO THIS5
SECTION, A UTILITY DETERMINES THAT A CONTRACTOR OR6
SUBCONTRACTOR HAS WILLFULLY VIOLATED ANY REQUIREMENT OF THIS7
SECTION, THE UTILITY MAY DEMAND A FULL REF UND OF THE REBATE OR8
INCENTIVE WITH REASONABLE PENALTIES AND INTEREST AND MAY PURSUE9
ANY REMEDY PROVIDED BY LAW .10
(d) A
UTILITY MUST MAINTAIN A LIST OF CONTRACTORS AND11
SUBCONTRACTORS THAT HAVE WILLFULLY FALSIFIED DOCUMENTATION OR12
WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS OR THAT ARE13
DEBARRED FROM RECEIVING FUTURE REBATES OR INCENTIVES AND MAKE14
THAT LIST AVAILABLE TO THEIR CUSTOMERS ON THEIR WEBSITE .15
(7) (a) T
HE UTILITY THAT OFFERS THE REBATE OR INCENTIVE
16
PURSUANT TO THIS SECTION MUST ESTABLISH PERIODIC AUDITS OF THE17
QUALIFYING REBATES THAT REPRESENT THE HIGHEST TWO PERCENT OF18
REBATES ISSUED BY DOLLAR AMOUNT AT LEAST EVERY THREE YEARS TO19
ENSURE THAT THE CONTRACTORS OR SUBCONTRACTORS MAINTAIN20
COMPLIANCE WITH THIS SECTION.21
(b) I
F THE AUDIT DETERMINES THAT THERE WERE WILLFUL22
VIOLATIONS OF THIS SECTION, THE UTILITY MAY DEMAND A FULL REFUND23
OF THE REBATE OR INCENTIVE WITH REASONABLE PENALTIES AND24
INTEREST AND MAY PURSUE ANY REMEDY PROVIDED BY LAW .25
SECTION 8. In Colorado Revised Statutes, 40-3.2-105.6, add26
(5), (6), and (7) as follows:27
292
-30- 40-3.2-105.6. Labor standards for beneficial electrification1
projects. (5) (a) F
OR A BENEFICIAL ELECTRIFICATION PROJECT IN A NEW2
OR EXISTING INDUSTRIAL, COMMERCIAL, OR MULTIFAMILY RESIDENTIAL3
BUILDING THAT CONTAINS TWENTY THOUSAND SQUARE FEET OR MORE OF4
CONDITIONED FLOOR SPACE AND FOR WHICH A REBATE IS TO BE PROVIDED5
DIRECTLY TO THE BUILDING OWNER AS PART OF THE BENEFICIAL
6
ELECTRIFICATION PROGRAM, A UTILITY SHALL NOT ISSUE ANY REBATES OR7
INCENTIVES UNLESS THE LEAD GENERAL CONTRACTOR PERFORMING THE8
WORK FOR THE PROJECT SIGNS A NOTARIZED AFFIDAVIT UNDER PENALTY9
OF PERJURY STATING THAT ALL OF THE REQUIREMENTS OF THIS SECTION10
HAVE BEEN MET AND PROVIDES THE SIGNED AFFIDAVIT TO THE11
SPONSORING UTILITY. THE AFFIDAVIT MUST:12
(I) I
DENTIFY THE CONTRACTORS OR SUBCONTRACTORS THAT WILL13
BE USED FOR ALL MECHANICAL , SHEET METAL, FIRE SUPPRESSION,14
SPRINKLER FITTING, ELECTRICAL, AND PLUMBING WORK REQUIRED ON THE15
PROJECT;16
(II) C
ERTIFY THAT ALL FIRMS IDENTIFIED PARTICIPATE IN17
APPRENTICESHIP PROGRAMS REGISTERED WITH THE UNITED STATES18
DEPARTMENT OF LABOR'S EMPLOYMENT AND TRAINING ADMINISTRATION19
OR STATE APPRENTICESHIP AGENCIES
RECOGNIZED BY THE UNITED STATES20
DEPARTMENT OF LABOR AND HAVE A PROVEN RECORD OF GRADUATING21
APPRENTICES AS FOLLOWS:22
(A) B
EGINNING JULY 1, 2021, THROUGH JUNE 30, 2026, A23
MINIMUM OF FIFTEEN PERCENT OF ITS APPRENTICES FOR AT LEAST THREE24
OF THE PAST FIVE YEARS;25
(B) B
EGINNING JULY 1, 2026, THROUGH JUNE 30, 2031, A26
MINIMUM OF TWENTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF27
292
-31- THE PAST FIVE YEARS; AND1
(C) B
EGINNING JULY 1, 2031, AND EACH YEAR THEREAFTER , A2
MINIMUM OF THIRTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF3
THE PAST FIVE YEARS; AND4
(III) S
UPPLY SUPPORTING DOCUMENTATION FROM THE UNITED5
S
TATES DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP OR STATE6
APPRENTICESHIP AGENCY VERIFYING THE INFORMATION PROVIDED IN THE7
CERTIFICATION SPECIFIED IN SUBSECTION (1)(a)(II) OF THIS SECTION.8
(b) T
HE UTILITY MUST MAINTAIN A DATABASE OF THE9
INFORMATION CONTAINED IN THE AFFIDAVIT FOR EACH PROJECT AWARDED10
A REBATE OR INCENTIVE.11
(c) T
HIS SUBSECTION (5) DOES NOT APPLY TO A BENEFICIAL
12
ELECTRIFICATION PROJECT THAT IS LIMITED TO IN -UNIT WORK IN A13
MULTIFAMILY BUILDING, AS UNDERTAKEN BY THE OWNER OR TENANT OF14
THE MULTIFAMILY BUILDING OR UNIT.15
(6) (a) T
O ENSURE COMPLIANCE WITH THE REQUIREMENTS OF16
SUBSECTION (5) OF THIS SECTION, THE GENERAL CONTRACTOR OR OTHER17
FIRM TO WHICH THE CONTRACT IS AWARDED MUST AGREE TO PROVIDE18
ADDITIONAL DOCUMENTATION TO THE PARTICIPATING UTILITY OFFERING19
THE REBATE OR INCENTIVE REGARDING THE REQUIREMENTS FOR AFFECTED20
APPRENTICESHIP TRAINING PROGRAMS SPECIFIED IN SUBSECTION (5)(a) OF21
THIS SECTION.22
(b) I
F THE UTILITY OFFERING THE REBATE OR INCENTIVE23
DETERMINES THAT A MECHANICAL , ELECTRICAL, OR PLUMBING24
SUBCONTRACTOR HAS WILLFULLY FALSIFIED DOCUMENTATION OR25
WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS AS REQUIRED TO26
COMPLY WITH THIS SECTION IN THE CONTRACT, THE UTILITY SHALL DIRECT27
292
-32- THE CONTRACTOR TO TERMINATE THE SUBCONTRACTOR CONTRACT1
IMMEDIATELY AND THE SUBCONTRACTOR MUST IMMEDIATELY BE2
REMOVED FROM THE PUBLIC PROJECT . THE UTILITY MAY DEBAR THE3
OFFENDING SUBCONTRACTORS FOR FUTURE PARTICIPATION IN REBATE OR4
INCENTIVE PROGRAMS ESTABLISHED UNDER THIS SECTION .5
(c) I
F AFTER ISSUING A REBATE OR INCENTIVE PURSUANT TO THIS6
SECTION, A UTILITY DETERMINES THAT A CONTRACTOR OR7
SUBCONTRACTOR HAS WILLFULLY VIOLATED ANY REQUIREMENT OF THIS8
SECTION, THE UTILITY MAY DEMAND A FULL REF UND OF THE REBATE OR9
INCENTIVE WITH REASONABLE PENALTIES AND INTEREST AND MAY PURSUE10
ANY REMEDY PROVIDED BY LAW .11
(d) A
UTILITY SHALL MAINTAIN A LIST OF CONTRACTORS AND12
SUBCONTRACTORS THAT HAVE WILLFULLY FALSIFIED DOCUMENTATION OR13
WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS OR THAT ARE14
DEBARRED FROM RECEIVING FUTURE REBATES OR INCENTIVES AND MAKE15
THAT LIST AVAILABLE TO THEIR CUSTOMERS ON THEIR WEBSITE .16
(7) (a) T
HE UTILITY THAT OFFERS THE REBATE OR INCENTIVE
17
PURSUANT TO THIS SECTION MUST ESTABLISH PERIODIC AUDITS OF THE18
QUALIFYING REBATES THAT REPRESENT THE HIGHEST TWO PERCENT OF19
REBATES ISSUED BY DOLLAR AMOUNT AT LEAST EVERY THREE YEARS TO20
ENSURE THAT THE CONTRACTORS OR SUBCONTRACTORS MAINTAIN21
COMPLIANCE WITH THIS SECTION.22
(b) I
F THE AUDIT DETERMINES THAT THERE WERE WILLFUL23
VIOLATIONS OF THIS SECTION, THE UTILITY MAY DEMAND A FULL REFUND24
OF THE REBATE OR INCENTIVE WITH REASONABLE PENALTIES AND25
INTEREST AND MAY PURSUE ANY REMEDY PROVIDED BY LAW .26
SECTION 9. In Colorado Revised Statutes, 40-3.2-108, add27
292
-33- (8)(e) as follows:1
40-3.2-108. Clean heat targets - legislative declaration -2
definitions - plans - rules - reports. (8) Employment and utility3
workforce. (e) I
F A PROJECT IN CONNECTION WITH A CLEAN HEAT PLAN ,4
IS AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION5
24-92-303
(5), THE PROJECT MUST COMPLY WITH THE APPLICABLE6
REQUIREMENTS OF THE "COLORADO ENERGY SECTOR PUBLIC WORKS7
P
ROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF8
TITLE 24.9
SECTION 10. In Colorado Revised Statutes, 40-5-107, add10
(3)(c) as follows:11
40-5-107. Electric vehicle programs - definitions - repeal.12
(3) (c) A
N ELECTRIC VEHICLE INFRASTRUCTURE PROJECT THAT IS AN13
ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION14
24-92-303
(5), MUST COMPLY WITH THE APPLICABLE REQUIREMENTS OF15
THE "COLORADO ENERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR16
R
EQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF TITLE 24.17
SECTION 11. In Colorado Revised Statutes, 40-42-107, add (4)18
as follows:19
40-42-107. Labor standards - apprenticeship - supervision.20
(4) A
NY PROJECT FOR THE CONSTRUCTION, EXPANSION, OR MAINTENANCE21
OF FACILITIES UNDERTAKEN IN COLORADO PURSUANT TO THIS ARTICLE 4222
THAT IS AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN23
SECTION 24-92-303 (5), MUST COMPLY WITH THE APPLICABLE24
REQUIREMENTS OF THE "COLORADO ENERGY SECTOR PUBLIC WORKS25
P
ROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF26
TITLE 24.27
292
-34- SECTION 12. Appropriation. For the 2023-24 state fiscal year,1
$108,401 is appropriated to the department of labor and employment for2
use by the division of labor standards and statistics. This appropriation is3
from the general fund and is based on an assumption that the division will4
require an additional 1.0 FTE. To implement this act, the division may5
use this appropriation for program costs related to labor standards.6
SECTION 13. Act subject to petition - effective date -7
applicability. (1) This act takes effect January 1, 2024; except that, if a8
referendum petition is filed pursuant to section 1 (3) of article V of the9
state constitution against this act or an item, section, or part of this act10
within the ninety-day period after final adjournment of the general11
assembly, then the act, item, section, or part will not take effect unless12
approved by the people at the general election to be held in November13
2024 and, in such case, will take effect on the date of the official14
declaration of the vote thereon by the governor.15
(2) This act only applies to any energy sector public works project16
for which a public utility or cooperative electric association invitation for17
bids or proposals is issued on or after January 1, 2024.18
292
-35-