Colorado 2023 Regular Session

Colorado Senate Bill SB292 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0302.01 Nicole Myers x4326
1	8		SENATE BILL 23-292
2		-	BY SENATOR(S) Hansen and Fenberg, Coleman, Danielson, Exum,
3		-	Hinrichsen, Marchman, Mullica, Roberts, Rodriguez, Bridges, Buckner,
4		-	Cutter, Fields, Gonzales, Jaquez Lewis, Kolker, Priola, Sullivan, Winter F.;
5		-	also REPRESENTATIVE(S) Duran and Bird, Amabile, Bacon, Brown,
6		-	deGruy Kennedy, Dickson, Epps, Froelich, Garcia, Gonzales-Gutierrez,
7		-	Hamrick, Herod, Jodeh, Joseph, Lieder, Lindsay, Martinez, McCormick,
8		-	McLachlan, Michaelson Jenet, Ricks, Sharbini, Sirota, Snyder, Titone,
9		-	Vigil, Weissman, Woodrow, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Business, Labor, & Technology State, Civic, Military, & Veterans Affairs
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING LABOR REQUIREMENTS FOR ENERGY SECTOR CONSTRUCTION ,
12		-	AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, add part 3 to article 92
15		-	of title 24 as follows:
16		-	PART 3
17		-	ENERGY SECTOR PUBLIC WORKS PROJECTS
18		-	CRAFT LABOR REQUIREMENTS
	14	+	ONCERNING LABOR REQUIREMENTS FOR ENERGY SECTOR101
	15	+	CONSTRUCTION, AND, IN CONNECTION THEREWITH , MAKING AN
	16	+	102
	17	+	APPROPRIATION.103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Current labor requirements for public projects. In 2019, the
	26	+	general assembly adopted an apprenticeship utilization law
	27	+	(apprenticeship utilization law) that requires the general contractor for a
	28	+	public project that does not receive federal money, and that is in the
	29	+	amount of one million dollars or more, to submit, at the time a
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 6, 2023
	33	+	HOUSE
	34	+	2nd Reading Unamended
	35	+	May 4, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	May 1, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 28, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Hansen and Fenberg, Coleman, Danielson, Exum, Hinrichsen, Marchman, Mullica,
	44	+	Roberts, Rodriguez, Bridges, Buckner, Cutter, Fields, Gonzales, Jaquez Lewis, Kolker, Priola,
	45	+	Sullivan, Winter F.
	46	+	HOUSE SPONSORSHIP
	47	+	Duran and Bird, Amabile, Bacon, Brown, deGruy Kennedy, Dickson, Epps, Froelich,
	48	+	Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Lieder, Lindsay, Martinez,
	49	+	McCluskie, McCormick, McLachlan, Michaelson Jenet, Ricks, Sharbini, Sirota, Snyder,
	50	+	Titone, Vigil, Weissman, Woodrow
	51	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	52	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	53	+	Dashes through the words or numbers indicate deletions from existing law. mechanical, electrical, or plumbing subcontractor is put under contract,
	54	+	documentation to the contracting agency that identifies the contractors or
	55	+	subcontractors that will be used for specified aspects of the public project
	56	+	and certifies that all firms identified participate in specified
	57	+	apprenticeship programs.
	58	+	At the same time, the general assembly also adopted a prevailing
	59	+	wage law (prevailing wage law) that requires any contractor who is
	60	+	awarded a contract for a public project by an agency of government for
	61	+	$500,000 or more and that does not include federal money, and any
	62	+	subcontractors working on the public project, to pay their employees a
	63	+	prevailing wage at weekly intervals. The contractors and subcontractors
	64	+	are required to comply with prevailing wage enforcement provisions and
	65	+	requirements.
	66	+	Energy sector public works projects. The bill creates a new
	67	+	category of public works projects defined as "energy sector public works
	68	+	projects", and requires these projects to comply with the requirements of
	69	+	the apprenticeship utilization law and the prevailing wage law for energy
	70	+	sector public works projects. An "energy sector public works project" is
	71	+	any project that:
	72	+	! Has the purpose of generating, transmitting, or distributing
	73	+	electricity or natural gas for the purpose of providing
	74	+	energy to Colorado individual consumers and businesses;
	75	+	or
	76	+	! Has the purpose of generating or distributing electricity or
	77	+	natural gas for the purpose of providing energy to Colorado
	78	+	individual consumers and businesses from utility customer
	79	+	funding as approved by a cooperative electric association.
	80	+	With certain exceptions, the bill requires that a contract for an
	81	+	energy sector public works project include provisions that expressly
	82	+	require that all work performed under the contract comply with the state
	83	+	mechanical, electrical, and plumbing apprenticeship utilization law and
	84	+	the state prevailing wage law if the project is an electric power generation
	85	+	project with a nameplate generation capacity of one megawatt or higher
	86	+	or if the project is a project other than an electric power generation
	87	+	project with a total cost of one million dollars or more. All contracts with
	88	+	subcontractors on the project are also required to include such provisions.
	89	+	If the contract for an energy sector public works project does not include
	90	+	such provisions, the project will not be eligible to receive state funding
	91	+	or to receive required authorizations or approvals from the public utilities
	92	+	commission (PUC).
	93	+	The lead contractor for an energy sector public works project is
	94	+	required to:
	95	+	! Prepare certified payroll records for workers directly
	96	+	employed by the contractor and any subcontractors on the
	97	+	project and submit the records to the public utility or other
	98	+	292
	99	+	-2- owner of the energy sector public works project weekly;
	100	+	and
	101	+	! Prepare a quarterly craft labor certification that attests that
	102	+	the lead contractor and all subcontractors are compliant
	103	+	with the apprenticeship utilization law and the prevailing
	104	+	wage law.
	105	+	The public utility, cooperative electric association, independent
	106	+	power producer, or other owner of an energy sector public works project
	107	+	is required to maintain the records for all craft labor certifications and is
	108	+	required to either provide copies quarterly to the department of labor and
	109	+	employment or require the lead contractor to provide such copies.
	110	+	The state auditor's office, in conjunction with the PUC and the
	111	+	department of labor and employment, is required to conduct periodic
	112	+	random audits of the labor certifications for energy sector public works
	113	+	projects.
	114	+	Violations of the requirements for energy sector public works
	115	+	project contracts are subject to the penalties described in the
	116	+	apprenticeship utilization law and the prevailing wage law.
	117	+	For projects funded in whole or in part by the state, the
	118	+	requirements to comply with the apprenticeship utilization law and the
	119	+	prevailing wage law apply only when the total project cost is one million
	120	+	dollars or more and the aggregated public assistance from the state is
	121	+	$500,000 or more or when the project is a power generation project with
	122	+	a nameplate generation capacity of one megawatt or higher, and the
	123	+	aggregated public assistance from the state is $500,000 or more.
	124	+	The requirements to comply with the apprenticeship utilization law
	125	+	and the prevailing wage law do not apply to a project that is covered by
	126	+	a project labor agreement, work on an energy sector public works project
	127	+	performed by employees of a utility company, a utility-incentivized
	128	+	demand-side management or electrification program, a utility or
	129	+	state-funded building efficiency program, service agreements that were
	130	+	entered into on or before a certain date, projects that involve an electric
	131	+	distribution line with a specified capacity, work on an energy sector
	132	+	public works project put out to bid on or after January 1, 2024, that is
	133	+	qualified for and claims the increased federal production tax credit or
	134	+	investment tax credit amount, excluding any domestic content, energy
	135	+	community, or low-income community bonus credit, and projects that
	136	+	involve pipelines with a specified minimum yield strength.
	137	+	Project labor agreements. In lieu of compliance with the
	138	+	apprenticeship utilization law and the prevailing wage law, a public
	139	+	utility, cooperative electric association, or independent power producer
	140	+	may incorporate a project labor agreement requirement for an energy
	141	+	sector public works project. A project labor agreement is a prehire
	142	+	collective bargaining agreement that establishes the terms and conditions
	143	+	of employment of the construction workforce on an energy sector public
	144	+	292
	145	+	-3- works project. A project labor agreement is required to:
	146	+	! Include provisions for resolving labor disputes and
	147	+	grievances;
	148	+	! Guarantee against strikes and lockouts;
	149	+	! Ensure a reliable source of trained and skilled labor;
	150	+	! Further public policy objectives regarding improved
	151	+	employment opportunities for minorities, women, and other
	152	+	economically disadvantaged populations in the construction
	153	+	industry;
	154	+	! Permit the selection of the lowest qualified responsible
	155	+	bidder or lowest qualified responsible offeror without
	156	+	regard to union or non-union status at other construction
	157	+	sites; and
	158	+	! Bind all contractors and subcontractors on the energy
	159	+	sector public works project to the project labor agreement
	160	+	through the inclusion of appropriate bid specifications in
	161	+	all relevant bid documents.
	162	+	The PUC is prohibited from denying approval of an energy sector
	163	+	public works project solely because it uses a project labor agreement.
	164	+	The bill specifies which provisions of the apprenticeship
	165	+	utilization law for public projects apply to energy sector public works
	166	+	projects.
	167	+	Regarding "best value" employment metrics that the PUC is
	168	+	required to consider when it evaluates electric resource acquisitions and
	169	+	requests for certificates of public convenience and necessity for
	170	+	construction or expansion of generating facilities, the bill:
	171	+	! Requires the PUC to promulgate rules requiring utilities,
	172	+	when submitting annual progress reports for an electric
	173	+	resource acquisition, to collect and provide to the PUC
	174	+	information concerning the implementation of "best value"
	175	+	employment metrics;
	176	+	! Requires the PUC to report annually to committees of
	177	+	reference of the general assembly concerning the
	178	+	information that is reported; and
	179	+	! Repeals obsolete language requiring the state auditor to
	180	+	conduct a performance audit.
	181	+	The bill adds enforcement mechanisms for the existing
	182	+	mechanical, electrical, and plumbing apprenticeship utilization
	183	+	requirements for gas demand-side management projects and beneficial
	184	+	electrification projects.
	185	+	In addition, the bill requires that projects undertaken pursuant to
	186	+	specified existing state laws comply with the state mechanical, electrical,
	187	+	and plumbing apprenticeship utilization law and the state prevailing wage
	188	+	law.
	189	+	292
	190	+	-4- Be it enacted by the General Assembly of the State of Colorado:1
	191	+	SECTION 1. In Colorado Revised Statutes, add part 3 to article2
	192	+	92 of title 24 as follows:3
	193	+	PART 34
	194	+	ENERGY SECTOR PUBLIC WORKS PROJECTS5
	195	+	CRAFT LABOR REQUIREMENTS6
19	196		24-92-301. Short title. T
20		-	HE SHORT TITLE OF THIS PART 3 IS THE
21		-	"COLORADO ENERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR
22		-	________
23		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
24		-	through words or numbers indicate deletions from existing law and such material is not part of
25		-	the act. REQUIREMENTS ACT".
	197	+	HE SHORT TITLE OF THIS PART 3 IS THE7
	198	+	"C
	199	+	OLORADO ENERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR8
	200	+	R
	201	+	EQUIREMENTS ACT".9
26	202		24-92-302. Legislative declaration. (1) T
27		-	HE GENERAL ASSEMBLY
28		-	HEREBY FINDS AND DECLARES THAT
29		-	:
	203	+	HE GENERAL ASSEMBLY10
	204	+	HEREBY FINDS AND DECLARES THAT :11
30	205		(a) T
31		-	HE ENERGY INDUSTRY IN COLORADO IS UNDERGOING A HISTORIC
32		-	TRANSFORMATION TO ADDRESS THREATS POSED BY CLIMATE CHANGE
33		-	,
34		-	WHICH INCLUDES EFFORTS TO DIVERSIFY CAPACITY , PROMOTE THE
35		-	DEVELOPMENT OF RENEWABLE AND OTHER CLEAN
36		-	, NON-CARBON
37		-	GENERATION SOURCES
38		-	, AND ELECTRIFY MAJOR SEGMENTS OF THE STATE 'S
39		-	ECONOMY
40		-	;
	206	+	HE ENERGY INDUSTRY IN COLORADO IS UNDERGOING A12
	207	+	HISTORIC TRANSFORMATION TO ADDRESS THREATS POSED BY CLIMATE13
	208	+	CHANGE, WHICH INCLUDES EFFORTS TO DIVERSIFY CAPACITY , PROMOTE14
	209	+	THE DEVELOPMENT OF RENEWABLE AND OTHER CLEAN , NON-CARBON15
	210	+	GENERATION SOURCES, AND ELECTRIFY MAJOR SEGMENTS OF THE STATE 'S16
	211	+	ECONOMY;17
41	212		(b) T
42		-	HESE DEVELOPMENTS WILL REQUIRE MASSIVE INVESTMENTS OF
43		-	RESOURCES FROM THE STATE AND PUBLIC UTILITY COMPANIES
44		-	, WHICH WILL
45		-	ULTIMATELY BE PAID BY RESIDENTS THROUGH FUTURE TAXES AND UTILITY
46		-	BILLS
47		-	;
	213	+	HESE DEVELOPMENTS WILL REQUIRE MASSIVE INVESTMENTS18
	214	+	OF RESOURCES FROM THE STATE AND PUBLIC UTILITY COMPANIES , WHICH19
	215	+	WILL ULTIMATELY BE PAID BY RESIDENTS THROUGH FUTURE TAXES AND20
	216	+	UTILITY BILLS;21
48	217		(c) T
49		-	HE SAFE AND COST-EFFECTIVE DELIVERY OF THESE PROJECTS IS
50		-	VITAL TO THE PUBLIC HEALTH AND WELFARE OF RESIDENTS AND THE
51		-	ECONOMIC SECURITY OF THE STATE
52		-	, AND CRITICAL TO ENSURE THAT
53		-	ADEQUATE POWER IS PROVIDED TO
54		-	COLORADO HOMES AND BUSINESSES ;
	218	+	HE SAFE AND COST-EFFECTIVE DELIVERY OF THESE PROJECTS22
	219	+	IS VITAL TO THE PUBLIC HEALTH AND WELFARE OF RESIDENTS AND THE23
	220	+	ECONOMIC SECURITY OF THE STATE , AND CRITICAL TO ENSURE THAT24
	221	+	ADEQUATE POWER IS PROVIDED TO COLORADO HOMES AND BUSINESSES ;25
55	222		(d) D
56		-	EFICIENT PLANNING OF THESE RESOURCES CAN RESULT IN
57		-	ESCALATING UTILITY BILLS AND DANGEROUS POWER OUTAGES IF POWER
58		-	SUPPLY IS NOT MAINTAINED IN SUFFICIENT CAPACITY TO MEET FUTURE
59		-	,
60		-	GROWING DEMAND. FOR THESE REASONS, APPROPRIATE MEASURES MUST BE
61		-	TAKEN TO PROTECT FUTURE ENERGY INVESTMENTS
62		-	, PROMOTE SUCCESSFUL
63		-	CONSTRUCTION DELIVERY
64		-	, AND PREVENT ERRORS IN THE PLANNING AND
65		-	DELIVERY OF NEW FACILITIES
66		-	.
	223	+	EFICIENT PLANNING OF THESE RESOURCES CAN RESULT IN26
	224	+	292-5- ESCALATING UTILITY BILLS AND DANGEROUS POWER OUTAGES IF POWER1
	225	+	SUPPLY IS NOT MAINTAINED IN SUFFICIENT CAPACITY TO MEET FUTURE ,2
	226	+	GROWING DEMAND. FOR THESE REASONS, APPROPRIATE MEASURES MUST3
	227	+	BE TAKEN TO PROTECT FUTURE ENERGY INVESTMENTS , PROMOTE4
	228	+	SUCCESSFUL CONSTRUCTION DELIVERY , AND PREVENT ERRORS IN THE5
	229	+	PLANNING AND DELIVERY OF NEW FACILITIES .6
67	230		(e) O
68		-	NE OF THE MOST CHALLENGING ASPECTS OF ENERGY FACILITY
69		-	CONSTRUCTION IS ENSURING THAT PROJECTS ARE SUPPORTED BY CAPABLE
70		-	CRAFT LABOR RESOURCES
71		-	. IT IS ESSENTIAL FOR THESE PROJECTS TO BE
72		-	STAFFED BY A RELIABLE AND ADEQUATE SUPPLY OF PROPERLY TRAINED
73		-	WORKERS IN ALL APPLICABLE TRADES AND CRAFTS REQUIRED FOR THESE
74		-	FACILITIES
75		-	.
	231	+	NE OF THE MOST CHALLENGING ASPECTS OF ENERGY FACILITY7
	232	+	CONSTRUCTION IS ENSURING THAT PROJECTS ARE SUPPORTED BY CAPABLE8
	233	+	CRAFT LABOR RESOURCES . IT IS ESSENTIAL FOR THESE PROJECTS TO BE9
	234	+	STAFFED BY A RELIABLE AND ADEQUATE SUPPLY OF PROPERLY TRAINED10
	235	+	WORKERS IN ALL APPLICABLE TRADES AND CRAFTS REQUIRED FOR THESE11
	236	+	FACILITIES.12
76	237		(f) E
77		-	NERGY SECTOR PUBLIC WORKS PROJECTS BUILT BY OR FOR THE
78		-	USE OF REGULATED UTILITIES
79		-	, LIKE TRADITIONAL PUBLIC PROJECTS, ARE
80		-	OFTEN BUILT FOR THE COLLECTIVE BENEFIT OF ALL CITIZENS AND RESIDENTS
81		-	PAGE 2-SENATE BILL 23-292 OF COLORADO. THESE PROJECTS ARE OFTEN FUNDED THROUGH PUBLIC TAX
82		-	DOLLARS OR THROUGH THE COLLECTIVE RESOURCES ACQUIRED THROUGH
83		-	COLORADO UTILITIES BILLING CUSTOMERS . LIKE TAX DOLLARS, THESE
84		-	RESOURCES ACQUIRED THROUGH UTILITY RATES SHOULD DEMAND A HIGHER
85		-	STANDARD OF PUBLIC BENEFIT BACK TO THE CONSUMERS AND COMMUNITIES
86		-	FROM WHICH THE RESOURCES WERE COLLECTED
87		-	.
	238	+	NERGY SECTOR PUBLIC WORKS PROJECTS BUILT BY OR FOR THE13
	239	+	USE OF REGULATED UTILITIES, LIKE TRADITIONAL PUBLIC PROJECTS, ARE14
	240	+	OFTEN BUILT FOR THE COLLECTIVE BENEFIT OF ALL CITIZENS AND15
	241	+	RESIDENTS OF COLORADO. THESE PROJECTS ARE OFTEN FUNDED THROUGH16
	242	+	PUBLIC TAX DOLLARS OR THROUGH THE COLLECTIVE RESOURCES17
	243	+	ACQUIRED THROUGH COLORADO UTILITIES BILLING CUSTOMERS. LIKE TAX18
	244	+	DOLLARS, THESE RESOURCES ACQUIRED THROUGH UTILITY RATES S HOULD19
	245	+	DEMAND A HIGHER ST ANDARD OF PUBLIC BENEFIT BACK TO THE20
	246	+	CONSUMERS AND COMMUNITIES FROM WHICH THE RESOURCES WERE21
	247	+	COLLECTED.22
88	248		(g) E
89		-	XTENSIVE RESEARCH SHOWS THAT PREVAILING WAGE LAWS ARE
90		-	EFFECTIVE IN ATTRACTING BETTER QUALIFIED WORKERS TO PROJECTS AND
91		-	PROMOTING CRITICALLY NEEDED INVESTMENTS IN APPRENTICESHIP TRAINING
92		-	REQUIRED TO ENSURE ADEQUATE CRAFT LABOR SKILL LEVELS AND
93		-	PRODUCTIVITY
94		-	. LIKEWISE, THE USE OF REGISTERED APPRENTICESHIP
95		-	TRAINING PROGRAMS AND PROJECT LABO R AGREEMENTS HAS BEEN PROVEN
96		-	TO BE THE MOST EFFECTIVE STRATEGY FOR PROVIDING HIGH
97		-	-LEVEL SKILLS
98		-	TRAINING AND ENSURING NEEDED QUALIFICATION CREDENTIALING FOR
99		-	WORKERS IN THE CONSTRUCTION INDUSTRY
100		-	.
	249	+	XTENSIVE RESEARCH SHOWS THAT PREVAILING WAGE LAWS23
	250	+	ARE EFFECTIVE IN ATTRACTING BETTER QUALIFIED WORKERS TO PROJECTS24
	251	+	AND PROMOTING CRITICALLY NEEDED INVESTMENTS IN APPRENTICESHIP25
	252	+	TRAINING REQUIRED TO ENSURE ADEQUATE CRAFT LABOR SKILL LEVELS26
	253	+	AND PRODUCTIVITY. LIKEWISE, THE USE OF REGISTERED APPRENTICESHIP27
	254	+	292
	255	+	-6- TRAINING PROGRAMS AND PROJECT LABOR AGREEMENTS HAS BEEN1
	256	+	PROVEN TO BE THE MOST EFFECTIVE STRATEGY FOR PROVIDING2
	257	+	HIGH-LEVEL SKILLS TRAINING AND ENSURING NEEDED QUALIFICATION3
	258	+	CREDENTIALING FOR WORKERS IN THE CONSTRUCTION INDUSTRY .4
101	259		(h) B
102		-	Y PROVIDING PROJECT OWNERS , DEVELOPERS, AND
103		-	CONTRACTORS UNIQUE AND UNPARALLELED ACCESS TO AN ADEQUATE
104		-	SUPPLY OF WELL
105		-	-TRAINED, HIGHLY SKILLED CRAFT LABOR IN AFFECTED
106		-	PROJECT AREAS
107		-	, CRAFT LABOR STANDARDS PROMOTE SUCCESSFUL PROJECT
108		-	DELIVERY GOALS
109		-	, INCLUDING QUALITY , SAFETY, TIMELINESS, AND
110		-	COST
111		-	-EFFICIENCY, BY PROVIDING EFFECTIVE QUALITY CONTROL OVER CRAFT
112		-	LABOR SUPPLY CAPABILITIES
113		-	, AS WELL AS RISK AVOIDANCE TO PREVENT
114		-	DISRUPTIONS AND OTHER LABOR PERFORMANCE PROBLEMS CAUSED BY
115		-	INADEQUATE CRAFT LABOR CAPABILITIES
116		-	;
	260	+	Y PROVIDING PROJECT OWNERS , DEVELOPERS, AND5
	261	+	CONTRACTORS UNIQUE AND UNPARALLELED ACCESS TO AN ADEQUATE6
	262	+	SUPPLY OF WELL-TRAINED, HIGHLY SKILLED CRAFT LABOR IN AFFECTED7
	263	+	PROJECT AREAS, CRAFT LABOR STANDARDS PROMOTE SUCCESSFUL8
	264	+	PROJECT DELIVERY GOALS, INCLUDING QUALITY, SAFETY, TIMELINESS, AND9
	265	+	COST-EFFICIENCY, BY PROVIDING EFFECTIVE QUALITY CONTROL OVER10
	266	+	CRAFT LABOR SUPPLY CAPABILITIES , AS WELL AS RISK AVOIDANCE TO11
	267	+	PREVENT DISRUPTIONS AND OTHER LABOR PERFORMANCE PROBLEMS12
	268	+	CAUSED BY INADEQUATE CRAFT LABOR CAPABILITIES ;13
117	269		(i) F
118		-	OR THESE REASONS, INCORPORATING PREVAILING WAGE
119		-	STANDARDS AND APPRENTICESHIP REQUIREMENTS AND ENCOURAGING
120		-	PROJECT LABOR AGREEMENTS FOR PUBLIC UTILITIES AND OTHER ENERGY
121		-	FACILITY PLANNING AND CONSTRUCTION IS NECESSARY TO PROTECT AND
122		-	PROMOTE THE PUBLIC
123		-	'S INTEREST IN THESE PROJECTS;
	270	+	OR THESE REASONS, INCORPORATING PREVAILING WAGE14
	271	+	STANDARDS AND APPRENTICESHIP REQUIREMENTS AND ENCOURAGING15
	272	+	PROJECT LABOR AGREEMENTS FOR PUBLIC UTILITIES AND OTHER ENERGY16
	273	+	FACILITY PLANNING AND CONSTRUCTION IS NECESSARY TO PROTECT AND17
	274	+	PROMOTE THE PUBLIC'S INTEREST IN THESE PROJECTS;18
124	275		(j) B
125		-	Y INCORPORATING WELL ESTABLISHED QUALITY CONTRACTING
126		-	PROCUREMENT TOOLS
127		-	, SUCH AS PREVAILING WAGES , APPRENTICESHIP
128		-	UTILIZATION REQUIREMENTS
129		-	, AND PROJECT LABOR AGREEMENTS INTO OUR
130		-	ENERGY RESOURCE PLANNING
131		-	, THE STATE OF COLORADO WILL HAVE THE
132		-	CAPABILITIES TO BETTER PROTECT ITS ENERGY INVESTMENTS
133		-	, IMPROVE
134		-	CONSTRUCTION PROJECT DELIVERY IN THE ENERGY SECTOR
135		-	, FULLY
136		-	DOCUMENT AND EVALUATE THE DIRECTIVES SET FORTH IN SECTION
137		-	PAGE 3-SENATE BILL 23-292 40-2-129, AND CREATE A CLEAR SET OF STANDARDS FOR ENFORCEMENT TO
138		-	ACHIEVE THE LAW
139		-	'S INTENT FOR THE BENEFIT OF COLORADO WORKERS AND
140		-	THE COMMUNITIES WHERE THEY LIVE
141		-	;
	276	+	Y INCORPORATING WELL ESTABLISHED QUALITY CONTRACTING19
	277	+	PROCUREMENT TOOLS , SUCH AS PREVAILING WAGES , APPRENTICESHIP20
	278	+	UTILIZATION REQUIREMENTS, AND PROJECT LABOR AGREEMENTS INTO OUR21
	279	+	ENERGY RESOURCE PLANNING , THE STATE OF COLORADO WILL HAVE THE22
	280	+	CAPABILITIES TO BETTER PROTECT ITS ENERGY INVESTMENTS , IMPROVE23
	281	+	CONSTRUCTION PROJECT DELIVERY IN THE ENERGY SECTOR , FULLY24
	282	+	DOCUMENT AND EVALUATE THE DIRECTIVES SET FORTH IN SECTION25
	283	+	40-2-129,
	284	+	AND CREATE A CLEAR SET OF STANDARDS FOR ENFORCEMENT TO26
	285	+	ACHIEVE THE LAW'S INTENT FOR THE BENEFIT OF COLORADO WORKERS27
	286	+	292
	287	+	-7- AND THE COMMUNITIES WHERE THEY LIVE ;1
142	288		(k) U
143		-	SE OF THESE QUALITY CONTRACTING TOOLS IS ALREADY
144		-	INCORPORATED INTO
145		-	COLORADO'S TRADITIONAL PUBLIC PROCUREMENT LAW
146		-	AS PREVAILING WAGE AND APPRENTICESHIP POLICIES ADOPTED IN SECTIONS
147		-	24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. IN ADDITION, PROJECT LABOR
148		-	AGREEMENTS HAVE BEEN SUCCESSFULLY USED IN
149		-	COLORADO IN THE PAST
150		-	FOR PROJECTS IN THE ENERGY SECTOR AND THE BROADER PRIVATE SECTOR
151		-	CONSTRUCTION INDUSTRY
152		-	. THESE AGREEMENTS HAVE ALSO BEEN UPHELD
153		-	BY THE COURTS
154		-	, FOR EXAMPLE, IN BLDG. & CONSTR. TRADES COUNCIL V.
155		-	A
156		-	SSOCIATED BUILDERS & CONTRACTORS OF MASS./R.I., INC., 507 U.S. 230,
157		-	231
158		-	(1993), DUE TO THEIR ABILITY TO HELP SECURE RELIABLE CRAFT LABOR
159		-	STAFFING AND PROMOTE TIMELY PROJECT DELIVERY
160		-	.
	289	+	SE OF THESE QUALITY CONTRACTING TOOLS IS ALREADY2
	290	+	INCORPORATED INTO COLORADO'S TRADITIONAL PUBLIC PROCUREMENT3
	291	+	LAW AS PREVAILING WAGE AND APPRENTICESHIP POLICIES ADOPTED IN4
	292	+	SECTIONS 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. IN ADDITION,5
	293	+	PROJECT LABOR AGREEMENTS HAVE BEEN SUCCESSFULLY USED IN6
	294	+	C
	295	+	OLORADO IN THE PAST FOR PROJECTS IN THE ENERGY SECTOR AND THE7
	296	+	BROADER PRIVATE SECTOR CONSTRUCTION INDUSTRY . THESE8
	297	+	AGREEMENTS HAVE ALSO BEEN UPHELD BY THE COURTS , FOR EXAMPLE, IN9
	298	+	B
	299	+	LDG. & CONSTR. TRADES COUNCIL V. ASSOCIATED BUILDERS &10
	300	+	C
	301	+	ONTRACTORS OF MASS./R.I., INC., 507 U.S. 230, 231 (1993), DUE TO THEIR11
	302	+	ABILITY TO HELP SECURE RELIABLE CRAFT LABOR STAFFING AND PROMOTE12
	303	+	TIMELY PROJECT DELIVERY.13
161	304		(l) D
162		-	UE TO THEIR BENEFITS IN PROMOTING SUCCESSFUL PROJECT
163		-	DELIVERY IN PROJECTS ASSISTED BY FEDERAL GRANTS AND TAX CREDITS
164		-	,
165		-	THE FEDERAL GOVERNMENT IS STRONGLY ENCOURAGING THE USE OF THESE
166		-	QUALITY CONTRACTING TOOLS GENERALLY
167		-	, AND ESPECIALLY IN THE ENERGY
168		-	SECTOR
169		-	, WHERE MAJOR FEDERAL ASSISTANCE PROGRAMS UNDER THE
170		-	RECENT FEDERAL
171		-	"INFLATION REDUCTION ACT OF 2022", PUB. L. 117-169,
172		-	ARE PROVIDING APPROXIMATELY THREE HUNDRED SEVENTY BILLION
173		-	DOLLARS IN FUNDING TO PROMOTE CLEAN ENERGY SOURCES ACROSS THE
174		-	COUNTRY
175		-	.
	305	+	UE TO THEIR BENEFITS IN PROMOTING SUCCESSFUL PROJECT14
	306	+	DELIVERY IN PROJECTS ASSISTED BY FEDERAL GRANTS AND TAX CREDITS ,15
	307	+	THE FEDERAL GOVERNMENT IS STRONGLY ENCOURAGING THE USE OF16
	308	+	THESE QUALITY CONTRACTING TOOLS GENERALLY , AND ESPECIALLY IN17
	309	+	THE ENERGY SECTOR, WHERE MAJOR FEDERAL ASSISTANCE PROGRAMS18
	310	+	UNDER THE RECENT FEDERAL "INFLATION REDUCTION ACT OF 2022", PUB.19
	311	+	L.
	312	+	117-169, ARE PROVIDING APPROXIMATELY THREE HUNDRED SEVENTY20
	313	+	BILLION DOLLARS IN FUNDING TO PROMOTE CLEAN ENERGY SOURCES21
	314	+	ACROSS THE COUNTRY.22
176	315		(2) T
177		-	HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT
178		-	BECAUSE COST
179		-	-EFFECTIVE, SAFE, AND EFFICIENT GENERATION ,
180		-	TRANSMISSION, AND DISTRIBUTION SYSTEMS IN THE ENERGY SECTOR ARE
181		-	VITAL TO THE STATE
182		-	'S ECONOMY AND THE PUBLIC WELFARE AND SAFETY ,
183		-	QUALITY CONTROL AND RISK AVOIDANCE MEASURES ARE NECESSARY TO
184		-	ENSURE THAT THE CONSTRUCTION OF PROJECTS NECESSARY FOR THESE
185		-	SYSTEMS ARE ADEQUATELY STAFFED BY PROPERLY TRAINED AND QUALIFIED
186		-	CRAFT LABOR PERSONNEL
187		-	.
	316	+	HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT23
	317	+	BECAUSE COST-EFFECTIVE, SAFE, AND EFFICIENT GENERATION ,24
	318	+	TRANSMISSION, AND DISTRIBUTION SYSTEMS IN THE ENERGY SECTOR ARE25
	319	+	VITAL TO THE STATE'S ECONOMY AND THE PUBLIC WELFARE AND SAFETY ,26
	320	+	QUALITY CONTROL AND RISK AVOIDANCE MEASURES ARE NECESSARY TO27
	321	+	292
	322	+	-8- ENSURE THAT THE CONSTRUCTION OF PROJECTS NECESSARY FOR THESE1
	323	+	SYSTEMS ARE ADEQUATELY STAFFED BY PROPERLY TRAINED AND2
	324	+	QUALIFIED CRAFT LABOR PERSONNEL .3
188	325		24-92-303. Definitions. A
189		-	S USED IN THIS PART 3, UNLESS THE
190		-	CONTEXT OTHERWISE REQUIRES
191		-	:
	326	+	S USED IN THIS PART 3, UNLESS THE4
	327	+	CONTEXT OTHERWISE REQUIRES :5
192	328		(1) "C
193		-	ONSTRUCTION" MEANS THE CONSTRUCTION, ALTERATION, OR
194		-	REPAIR OF AN ENERGY SECTOR PUBLIC WORKS PROJECT
195		-	, CONSISTENT WITH
196		-	PAGE 4-SENATE BILL 23-292 AND INCLUDING THE SAME LIMITATIONS AS THE DEFINITION OF
197		-	CONSTRUCTION AS ESTABLISHED IN SECTION
198		-	45(b)(7)(a) OF THE FEDERAL
199		-	"INTERNAL REVENUE CODE OF 1986", AS AMENDED, AND AS DESCRIBED IN
200		-	ALL RELATED OFFICIAL GUIDANCE FROM THE FEDERAL INTERNAL REVENUE
201		-	SERVICE AND THE
202		-	UNITED STATES DEPARTMENT OF LABOR IMPLEMENTING
203		-	THE APPLICABLE SECTIONS OF THE FEDERAL
204		-	"INFLATION REDUCTION ACT".
	329	+	ONSTRUCTION" MEANS THE CONSTRUCTION, ALTERATION, OR6
	330	+	REPAIR OF AN ENERGY SECTOR PUBLIC WORKS PROJECT , CONSISTENT WITH7
	331	+	AND INCLUDING THE SAME LIMITATIONS AS THE DEFINITION OF8
	332	+	CONSTRUCTION AS ESTABLISHED IN SECTION 45(b)(7)(a) OF THE FEDERAL9
	333	+	"I
	334	+	NTERNAL REVENUE CODE OF 1986", AS AMENDED, AND AS DESCRIBED10
	335	+	IN ALL RELATED OFFICIAL GUIDANCE FROM THE FEDERAL INTERNAL11
	336	+	REVENUE SERVICE AND THE UNITED STATES DEPARTMENT OF LABOR12
	337	+	IMPLEMENTING THE APPLICABLE SECTIONS OF THE FEDERAL "INFLATION13
	338	+	R
	339	+	EDUCTION ACT".14
205	340		(2) "C
206		-	OOPERATIVE ELECTRIC ASSOCIATION" HAS THE SAME MEANING
207		-	AS SET FORTH IN SECTION
208		-	40-9.5-102 (1).
	341	+	OOPERATIVE ELECTRIC ASSOCIATION " HAS THE SAME15
	342	+	MEANING AS SET FORTH IN SECTION 40-9.5-102 (1).16
209	343		(3) "C
210		-	RAFT LABOR" MEANS EMPLOYEES WHO ARE ENGAGED IN THE
211		-	CONSTRUCTION OF AN ENERGY SECTOR PUBLIC WORKS PROJECT
212		-	, INCLUDING
213		-	ALL TRADES
214		-	, CRAFTS, AND OCCUPATIONS, AND WHO ARE PAID HOURLY.
	344	+	RAFT LABOR" MEANS EMPLOYEES WHO ARE ENGAGED IN THE17
	345	+	CONSTRUCTION OF AN ENERGY SECTOR PUBLIC WORKS PROJECT ,18
	346	+	INCLUDING ALL TRADES, CRAFTS, AND OCCUPATIONS, AND WHO ARE PAID19
	347	+	HOURLY.20
215	348		(4) "C
216		-	RAFT LABOR CERTIFICATION" MEANS ALL ~~DOCUMENTATION~~
217		-	AND CERTIFICATION OF PAYROLL REQUIRED FOR AN ENERGY ~~SECTOR PUBLIC~~
218		-	WORKS PROJECT IN ACCORDANCE WITH THE REQUIREMENTS ~~OF SECTION~~
219		-	24-92-115 (7) AND PART 2 OF THIS ARTICLE 92.
	349	+	RAFT LABOR CERTIFICATION" MEANS ALL DOCUMENTATION21
	350	+	AND CERTIFICATION OF PAYROLL REQUIRED FOR AN ENERGY SECTOR22
	351	+	PUBLIC WORKS PROJECT IN ACCORDANCE WITH THE REQUIREMENTS OF23
	352	+	SECTION 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92.24
220	353		(5) (a) "E
221		-	NERGY SECTOR PUBLIC WORKS PROJECT " MEANS ANY
222		-	PROJECT IN THE STATE THAT
223		-	:
	354	+	NERGY SECTOR PUBLIC WORKS PROJECT " MEANS ANY25
	355	+	PROJECT IN THE STATE THAT:26
224	356		(I) H
225		-	AS THE PURPOSE OF GENERATING , TRANSMITTING, OR
226		-	DISTRIBUTING ELECTRICITY OR NATURAL GAS TO PROVIDE ENERGY TO
227		-	COLORADO INDIVIDUAL CONSUMERS AND BUSINESSES , IS BUILT BY OR FOR
228		-	A PUBLIC UTILITY
229		-	, INCLUDING ANY PROJECT FOR WHICH ENERGY IS
230		-	PURCHASED THROUGH A POWER PURCHASER OR SIMILAR AGREEMENT
231		-	, AND
232		-	IS FUNDED IN WHOLE OR IN PART BY
233		-	:
	357	+	AS THE PURPOSE OF GENERATING , TRANSMITTING, OR27
	358	+	292
	359	+	-9- DISTRIBUTING ELECTRICITY OR NATURAL GAS TO PROVIDE ENERGY TO1
	360	+	C
	361	+	OLORADO INDIVIDUAL CONSUMERS AND BUSINESSES , IS BUILT BY OR FOR2
	362	+	A PUBLIC UTILITY, INCLUDING ANY PROJECT FOR WHICH ENERGY IS3
	363	+	PURCHASED THROUGH A POWER PURCHASER OR SIMILAR AGREEMENT , AND4
	364	+	IS FUNDED IN WHOLE OR IN PART BY:5
234	365		(A) T
235		-	HE STATE, THROUGH DIRECT FUNDING , LOANS, LOAN
236		-	GUARANTEES
237		-	, LAND TRANSFERS, TAX ASSISTANCE, INCLUDING TAX CREDITS,
238		-	DEDUCTIONS, OR INCENTIVES, OR OTHER ASSISTANCE ALLOCATED OR
239		-	APPROPRIATED BY THE STATE
240		-	; OR
241		-	(B) UTILITY CUSTOMER FUNDING AS APPROVED IN ANY PROCEEDING
242		-	CONDUCTED BY THE PUBLIC UTILITIES COMMISSION AS PART OF AN ELECTRIC
243		-	RESOURCE ACQUISITION OR REQUESTS FOR CERTIFICATES OF CONVENIENCE
244		-	AND NECESSITY FOR CONSTRUCTION OR EXPANSION OF A PROJECT
245		-	,
246		-	INCLUDING BUT NOT LIMITED TO POLLUTION CONTROL OR FUEL CONVERSION
247		-	UPGRADES AND CONVERSION OF EXISTING COAL
248		-	-FIRED PLANTS TO NATURAL
249		-	PAGE 5-SENATE BILL 23-292 GAS PLANTS; OR
250		-	(II) HAS THE PURPOSE OF GENERATING OR DISTRIBUTING
251		-	ELECTRICITY OR NATURAL GAS FOR THE PURPOSES OF PROVIDING ENERGY TO
252		-	COLORADO INDIVIDUAL CONSUMERS AND BUSINESSES FROM UTILITY
253		-	CUSTOMER FUNDING AS APPROVED BY A COOPERATIVE ELECTRIC
254		-	ASSOCIATION
255		-	.
	366	+	HE STATE, THROUGH DIRECT FUNDING , LOANS, LOAN6
	367	+	GUARANTEES,
	368	+	LAND TRANSFERS, TAX ASSISTANCE, INCLUDING TAX7
	369	+	CREDITS, DEDUCTIONS, OR INCENTIVES, OR OTHER ASSISTANCE ALLOCATED8
	370	+	OR APPROPRIATED BY THE STATE; OR9
	371	+	(B) U
	372	+	TILITY CUSTOMER FUNDING AS APPROVED IN ANY10
	373	+	PROCEEDING CONDUCTED BY THE PUBLIC UTILITIES COMMISSION AS PART11
	374	+	OF AN ELECTRIC RESOURCE ACQUISITION OR REQUESTS FOR CERTIFICATES12
	375	+	OF CONVENIENCE AND NECESSITY FOR CONSTRUCTION OR EXPANSION OF13
	376	+	A PROJECT, INCLUDING BUT NOT LIMITED TO POLLUTION CONTROL OR FUEL14
	377	+	CONVERSION UPGRADES AND CONVERSION OF EXISTING COAL -FIRED15
	378	+	PLANTS TO NATURAL GAS PLANTS ; OR16
	379	+	(II) H
	380	+	AS THE PURPOSE OF GENERATING OR DISTRIBUTING17
	381	+	ELECTRICITY OR NATURAL GAS FOR THE PURPOSES OF PROVIDING ENERGY18
	382	+	TO COLORADO INDIVIDUAL CONSUMERS AND BUSINESSES FROM UTILITY19
	383	+	CUSTOMER FUNDING AS APPROVED BY A COOPERATIVE ELECTRIC20
	384	+	ASSOCIATION.21
256	385		(b) "E
257	386		NERGY SECTOR PUBLIC WORKS PROJECT " INCLUDES THE
258		-	FOLLOWING PROJECT TYPES
259		-	, SO LONG AS THEY SATISFY THE CRITERIA IN
260		-	SUBSECTION
261		-	(5)(a)(I) OR (5)(a)(II) OF THIS SECTION:
	387	+	22
	388	+	FOLLOWING PROJECT TYPES, SO LONG AS THEY SATISFY THE CRITERIA IN23
	389	+	SUBSECTION (5)(a)(I) OR (5)(a)(II) OF THIS SECTION:24
262	390		(I) P
263		-	OWER GENERATION WITH A NAMEPLATE GENERATION CAPACITY
264		-	OF ONE MEGAWATT OR HIGHER
265		-	, INCLUDING GENERATION SOURCED FROM
266		-	WIND
267		-	, SOLAR, GEOTHERMAL, HYDROGEN, NUCLEAR, OR BIOENERGY, OR ANY
268		-	PROJECT THAT GENERATES ELECTRICITY FROM THE COMBUSTION OF OIL
269		-	, GAS,
270		-	OR OTHER FOSSIL FUELS OR AN ENERGY STORAGE SYSTEM AS DEFINED BY
271		-	SECTION
272		-	40-2-202 WITH AN ENERGY RATING OF ONE MEGAWATT OF POWER
273		-	CAPACITY OR FOUR MEGAWATT HOURS OF USEABLE ENERGY CAPACITY OR
274		-	HIGHER
275		-	; AND
276		-	(II) OTHER PROJECTS WITH A TOTAL PROJECT COST OF ONE MILLION
277		-	DOLLARS OR MORE THAT INCLUDE
278		-	:
	391	+	OWER GENERATION WITH A NAMEPLATE GENERATION25
	392	+	CAPACITY OF ONE MEGAWATT OR HIGHER , INCLUDING GENERATION26
	393	+	SOURCED FROM WIND, SOLAR, GEOTHERMAL, HYDROGEN, NUCLEAR, OR27
	394	+	292
	395	+	-10- BIOENERGY, OR ANY PROJECT THAT GENERATES ELECTRICITY FROM THE1
	396	+	COMBUSTION OF OIL, GAS, OR OTHER FOSSIL FUELS OR AN ENERGY2
	397	+	STORAGE SYSTEM AS DEFINED BY SECTION 40-2-202 WITH AN ENERGY3
	398	+	RATING OF ONE MEGAWATT OF POWER CAPACITY OR FOUR MEGAWATT4
	399	+	HOURS OF USEABLE ENERGY CAPACITY OR HIGHER ; AND5
	400	+	(II) O
	401	+	THER PROJECTS WITH A TOTAL PROJECT COST OF ONE MILLION6
	402	+	DOLLARS OR MORE THAT INCLUDE :7
279	403		(A) P
280		-	OLLUTION CONTROLS;
	404	+	OLLUTION CONTROLS;8
281	405		(B) U
282		-	TILITY GAS DISTRIBUTION;
	406	+	TILITY GAS
	407	+	DISTRIBUTION;9
283	408		(C) E
284		-	LECTRIC TRANSMISSION PROJECTS;
	409	+	LECTRIC TRANSMISSION PROJECTS;10
285	410		(D) G
286		-	EOTHERMAL SYSTEMS THAT ARE USED TO PROVIDE HEAT OR
287		-	HEATED WATER OR THAT OPERATE AS THERMAL SYSTEMS OR THERMAL
288		-	NETWORKS AS DEFINED IN LAW
289		-	;
	411	+	EOTHERMAL SYSTEMS THAT ARE USED TO PROVIDE HEAT OR11
	412	+	HEATED WATER OR THAT OPERATE AS THERMAL SYSTEMS OR THERMAL12
	413	+	NETWORKS AS DEFINED IN LAW;13
290	414		(E) E
291		-	LECTRIC VEHICLE CHARGING INFRASTRUCTURE INSTALLATIONS ;
	415	+	LECTRIC VEHICLE CHARGING INFRASTRUCTURE
	416	+	14
	417	+	INSTALLATIONS;15
292	418		(F) H
293		-	YDROGEN-RELATED INFRASTRUCTURE CONSTRUCTION
294		-	PROJECTS
295		-	;
	419	+	YDROGEN-RELATED INFRASTRUCTURE CONSTRUCTION16
	420	+	PROJECTS;17
296	421		(G) A
297		-	NY PROJECT THAT TRANSPORTS OR STORES CARBON DIOXIDE
298		-	PAGE 6-SENATE BILL 23-292 CAPTURED FROM POWER GENERATION ; AND
299		-	(H) ANY OTHER CONSTRUCTION PROJECTS COVERED BY THIS PART 3.
	422	+	NY PROJECT THAT TRANSPORTS OR STORES CARBON DIOXIDE18
	423	+	CAPTURED FROM POWER GENERATION ; AND19
	424	+	(H) A
	425	+	NY OTHER CONSTRUCTION PROJECTS COVERED BY THIS PART20
	426	+	3.21
300	427		(6) "F
301		-	EDERAL PREVAILING WAGE AND APPRENTICESHIP
302		-	REQUIREMENTS
303		-	" MEANS THE REQUIREMENTS UNDER :
	428	+	EDERAL PREVAILING WAGE AND APPRENTICESHIP22
	429	+	REQUIREMENTS" MEANS THE REQUIREMENTS UNDER :23
304	430		(a) S
305		-	ECTIONS 45(b)(7) AND (8) OF TITLE 26 OF THE UNITED STATES
306		-	CODE, WHETHER APPLICABLE DIRECTLY OR UNDER A PROVISION OF THE
307		-	FEDERAL
308		-	"INTERNAL REVENUE CODE OF 1986", AS AMENDED, THAT APPLIES
309		-	SUCH SECTIONS OF THE
310		-	UNITED STATES CODE; OR
311		-	(b) SECTIONS 48(a)(10) AND (11) OF TITLE 26 OF THE UNITED STATES
312		-	CODE, WHETHER APPLICABLE DIRECTLY OR UNDER A PROVISION OF THE
313		-	FEDERAL
314		-	"INTERNAL REVENUE CODE OF 1986", AS AMENDED THAT APPLIES
315		-	SUCH SECTIONS OF THE
316		-	UNITED STATES CODE.
	431	+	ECTIONS 45(b)(7) AND (8) OF TITLE 26 OF THE UNITED STATES24
	432	+	C
	433	+	ODE, WHETHER APPLICABLE DIRECTLY OR UNDER A PROVISION OF THE25
	434	+	FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED, THAT26
	435	+	APPLIES SUCH SECTIONS OF THE UNITED STATES CODE; OR27
	436	+	292
	437	+	-11- (b) SECTIONS 48(a)(10) AND (11) OF TITLE 26 OF THE UNITED1
	438	+	S
	439	+	TATES CODE, WHETHER APPLICABLE DIRECTLY OR UNDER A PROVISION2
	440	+	OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED THAT3
	441	+	APPLIES SUCH SECTIONS OF THE UNITED STATES CODE.4
317	442		(7) "F
318		-	EDERAL "INFLATION REDUCTION ACT"" MEANS THE FEDERAL
319		-	"INFLATION REDUCTION ACT OF 2022", UNITED STATES CODE, TITLE 26,
320		-	INCLUDING BUT NOT LIMITED TO SECTIONS 30C, 45, 45B, 45L, 45Q, 45U,
	443	+	EDERAL "INFLATION REDUCTION ACT"" MEANS THE FEDERAL5
	444	+	"I
	445	+	NFLATION REDUCTION ACT OF 2022", UNITED STATES CODE, TITLE 26,6
	446	+	INCLUDING BUT NOT LIMITED TO SECTIONS 30C, 45, 45B, 45L, 45Q, 45U,7
321	447		45V,
322		-	45X, 45Y, 45Z, 48, 48C, 48E, AND 179D, AND ASSOCIATED
323		-	IMPLEMENTING RULES AND GUIDANCE PROMULGATED BY THE
324		-	UNITED
325		-	STATES DEPARTMENT OF THE TREASURY AND THE UNITED STATES INTERNAL
326		-	REVENUE SERVICE
327		-	, AS THE STATUTE AND IMPLEMENTING RULES AND
328		-	GUIDANCE MAY BE AMENDED FROM TIME TO TIME
329		-	.
	448	+	45X, 45Y, 45Z, 48, 48C, 48E, AND 179D, AND ASSOCIATED8
	449	+	IMPLEMENTING RULES AND GUI DANCE PROMULGATED BY THE UNITED9
	450	+	S
	451	+	TATES DEPARTMENT OF THE TREASURY AND THE UNITED STATES10
	452	+	INTERNAL REVENUE SERVICE, AS THE STATUTE AND IMPLEMENTING RULES11
	453	+	AND GUIDANCE MAY BE AMENDED FROM TIME TO TIME .12
330	454		(8) "L
331		-	EAD CONTRACTOR" MEANS A GENERAL CONTRACTOR ,
332		-	CONSTRUCTION MANAGER , DEVELOPER, DESIGN BUILDER, OR OTHER PARTY
333		-	THAT IS PRIMARILY RESPONSIBLE TO A PUBLIC UTILITY OR INDEPENDENT
334		-	POWER PRODUCER FOR PERFORMING CONSTRUCTION UNDER A CONTRACT FOR
335		-	AN ENERGY SECTOR PUBLIC WORKS PROJECT
336		-	.
	455	+	EAD CONTRACTOR" MEANS A GENERAL CONTRACTOR ,13
	456	+	CONSTRUCTION MANAGER , DEVELOPER, DESIGN BUILDER, OR OTHER PARTY14
	457	+	THAT IS PRIMARILY RESPONSIBLE TO A PUBLIC UTILITY OR INDEPENDENT15
	458	+	POWER PRODUCER FOR PERFORMING CONSTRUCTION UNDER A CONTRACT16
	459	+	FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT .17
337	460		(9) "P
338		-	ROJECT LABOR AGREEMENT " MEANS A PREHIRE COLLECTIVE
339		-	BARGAINING AGREEMENT BETWEEN A LEAD CONTRACTOR AND
340		-	CONSTRUCTION LABOR ORGANIZATIONS
341		-	, INCLUDING BUT NOT LIMITED TO
342		-	THE
343		-	COLORADO BUILDING AND CONSTRUCTION TRADES COUNCIL AND ITS
344		-	AFFILIATES OR A GROUP OF LABOR UNIONS COVERING THE AFFECTED TRADES
345		-	NECESSARY TO PERFORM WORK ON A PROJECT
346		-	, THAT ESTABLISHES THE
347		-	TERMS AND CONDITIONS OF EMPLOYMENT OF THE CONSTRUCTION
348		-	WORKFORCE ON AN ENERGY SECTOR PUBLIC WORKS PROJECT
349		-	. A PROJECT
350		-	PAGE 7-SENATE BILL 23-292 LABOR AGREEMENT MUST INCLUDE PROVISIONS THAT :
	461	+	ROJECT LABOR AGREEMENT " MEANS A PREHIRE COLLECTIVE18
	462	+	BARGAINING AGREEMENT BETWEEN A LEAD CONTRACTOR AND19
	463	+	CONSTRUCTION LABOR ORGANIZATIONS , INCLUDING BUT NOT LIMITED TO20
	464	+	THE COLORADO BUILDING AND CONSTRUCTION TRADES COUNCIL AND ITS21
	465	+	AFFILIATES OR A GROUP OF LABOR UNIONS COVERING THE AFFECTED22
	466	+	TRADES NECESSARY TO PERFORM WORK ON A PROJECT , THAT ESTABLISHES23
	467	+	THE TERMS AND CONDITIONS OF EMPLOYMENT OF THE CONSTRUCTION24
	468	+	WORKFORCE ON AN ENERGY SECTOR PUBLIC WORKS PROJECT . A PROJECT25
	469	+	LABOR AGREEMENT MUST INCLUDE PROVISIONS THAT :26
351	470		(a) S
352		-	ET FORTH EFFECTIVE, IMMEDIATE, AND MUTUALLY ~~BINDING~~
353		-	~~PROCEDURES FOR RESOLVING JURISDICTIONAL LABOR DISPUTES AND~~
354		-	~~GRIEVANCES ARISING BEFORE THE COMPLETION OF WORK~~
355		-	;
	471	+	ET FORTH EFFECTIVE, IMMEDIATE, AND MUTUALLY BINDING27
	472	+	292
	473	+	-12- PROCEDURES FOR RESOLVING JURISDICTIONAL LABOR DISPUTES AND1
	474	+	GRIEVANCES ARISING BEFORE THE COMPLETION OF WORK ;2
356	475		(b) C
357		-	ONTAIN GUARANTEES AGAINST STRIKES , LOCKOUTS, OR SIMILAR
358		-	ACTIONS
359		-	;
	476	+	ONTAIN GUARANTEES AGAINST STRIKES , LOCKOUTS, OR3
	477	+	SIMILAR ACTIONS;4
360	478		(c) E
361		-	NSURE A RELIABLE SOURCE OF TRAINED , SKILLED, AND
362		-	EXPERIENCED CONSTRUCTION CRAFT LABOR
363		-	;
	479	+	NSURE A RELIABLE SOURCE OF TRAINED , SKILLED, AND5
	480	+	EXPERIENCED CONSTRUCTION CRAFT LABOR ;6
364	481		(d) F
365		-	URTHER PUBLIC POLICY OBJECTIVES REGARDING IMPROVED
366		-	EMPLOYMENT OPPORTUNITIES FOR MINORITIES
367		-	, WOMEN, OR OTHER
368		-	ECONOMICALLY DISADVANTAGED POPULATIONS IN THE CONSTRUCTION
369		-	INDUSTRY
370		-	, INCLUDING PERSONS FROM DISPROPORTIONATELY IMPACTED
371		-	COMMUNITIES
372		-	, TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW ;
	482	+	URTHER PUBLIC POLICY OBJECTIVES REGARDING IMPROVED7
	483	+	EMPLOYMENT OPPORTUNITIES FOR MINORITIES , WOMEN, OR OTHER8
	484	+	ECONOMICALLY DISADVANTAGED POPULATIONS IN THE CONSTRUCTION9
	485	+	INDUSTRY, INCLUDING PERSONS FROM DISPROPORTIONATELY IMPACTED10
	486	+	COMMUNITIES, TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW ;11
373	487		(e) P
374		-	ERMIT THE SELECTION OF THE LOWEST ~~QUALIFIED RESPONSIBLE~~
375		-	BIDDER OR LOWEST QUALIFIED RESPONSIBLE ~~OFFEROR WITHOUT REGARD TO~~
376		-	UNION OR NON
377		-	~~-UNION STATUS AT OTHER~~ CONSTRUCTION SITES ;
	488	+	ERMIT THE SELECTION OF THE LOWEST QUALIFIED12
	489	+	RESPONSIBLE BIDDER OR LOWEST QUALIFIED RESPONSIBLE OFFEROR13
	490	+	WITHOUT REGARD TO UNION OR NON -UNION STATUS AT OTHER14
	491	+	CONSTRUCTION SITES;15
378	492		(f) B
379		-	IND ALL CONTRACTORS AND SUBCONTRACTORS ON ~~THE ENERGY~~
380		-	SECTOR PUBLIC WORKS PROJECT TO THE PROJECT ~~LABOR AGREEMENT~~
381		-	THROUGH THE INCLUSION OF APPROPRIATE ~~BID SPECIFICATIONS IN ALL~~
382		-	RELEVANT CONTRACT DOCUMENTS
383		-	~~; AND~~
384		-	~~(g) INCLUDE~~ OTHER TERMS AS THE PARTIES DEEM APPROPRIATE .
	493	+	IND ALL CONTRACTORS AND SUBCONTRACTORS ON THE16
	494	+	ENERGY SECTOR PUBLIC WORKS PROJECT TO THE PROJECT LABOR17
	495	+	AGREEMENT THROUGH THE INCLUSION OF APPROPRIATE BID18
	496	+	SPECIFICATIONS IN ALL RELEVANT CONTRACT DOCUMENTS ; AND19
	497	+	(g) I
	498	+	NCLUDE OTHER TERMS AS THE PARTIES DEEM APPROPRIATE .20
385	499		(10) "P
386		-	UBLIC UTILITY" HAS THE SAME MEANING AS SET FORTH IN
387		-	SECTION
388		-	40-1-103.
389		-	24-92-304. Energy sector public works projects - craft labor
	500	+	UBLIC UTILITY" HAS THE SAME MEANING AS SET FORTH IN21
	501	+	SECTION 40-1-103.22
	502	+	24-92-304. Energy sector public works projects - craft labor23
390	503		employment - training - wage requirements. (1) (a) E
391		-	XCEPT AS
392		-	OTHERWISE PROVIDED IN SUBSECTIONS
393		-	(1)(b) AND (1)(c) OF THIS SECTION,
394		-	A CONTRACT BETWEEN PUBLIC UTILITIES , COOPERATIVE ELECTRIC
395		-	ASSOCIATIONS
396		-	, OR INDEPENDENT POWER PRODUCERS AND LEAD
397		-	CONTRACTORS FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT MUST
398		-	INCLUDE PROVISIONS EXPRESSLY REQUIRING THAT ALL WORK PERFORMED
399		-	UNDER THE CONTRACT COMPLY WITH THE REQUIREMENTS OF SECTION
400		-	PAGE 8-SENATE BILL 23-292 24-92-115 (7) AND THE REQUIREMENTS OF PART 2 OF THIS ARTICLE 92 IF THE
401		-	PROJECT IS AN ELECTRIC POWER GENERATION PROJECT WITH A NAMEPLATE
402		-	GENERATION CAPACITY OF ONE MEGAWATT OR HIGHER OR IF THE PROJECT
403		-	IS A PROJECT SPECIFIED IN SUBSECTION
404		-	24-92-303 (5)(b)(II) WITH A TOTAL
405		-	PROJECT COST OF ONE MILLION DOLLARS OR MORE
406		-	. THESE REQUIREMENTS
407		-	CONSTITUTE MATERIAL TERMS OF SUCH CONTRACTS
408		-	.
	504	+	XCEPT AS24
	505	+	OTHERWISE PROVIDED IN SUBSECTIONS (1)(b) AND (1)(c) OF THIS SECTION,25
	506	+	A CONTRACT BETWEEN PUBLIC UTILITIES , COOPERATIVE ELECTRIC26
	507	+	ASSOCIATIONS, OR INDEPENDENT POWER PRODUCERS AND LEAD27
	508	+	292
	509	+	-13- CONTRACTORS FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT MUST1
	510	+	INCLUDE PROVISIONS EXPRESSLY REQUIRING THAT ALL WORK PERFORMED2
	511	+	UNDER THE CONTRACT COMPLY WITH THE REQUIREMENTS OF SECTION3
	512	+	24-92-115
	513	+	(7) AND THE REQUIREMENTS OF PART 2 OF THIS ARTICLE 92 IF4
	514	+	THE PROJECT IS AN ELECTRIC POWER GENERATION PROJECT WITH A5
	515	+	NAMEPLATE GENERATION CAPACITY OF ONE MEGAWATT OF HIGHER OR IF6
	516	+	THE PROJECT IS A PROJECT SPECIFIED IN SUBSECTION 24-92-303 (5)(b)(II)7
	517	+	WITH A TOTAL PROJECT COST OF ONE MILLION DOLLARS OR MORE . THESE8
	518	+	REQUIREMENTS CONSTITUTE MATERIAL TERMS OF SUCH CONTRACTS .9
409	519		(b) (I) F
410	520		OR ENERGY SECTOR PUBLIC WORKS PROJECTS FUNDED
411		-	PURSUANT TO SECTION
412		-	24-92-303 (5)(a)(I)(A), THE REQUIREMENTS OF THIS
413		-	PART
414		-	3 APPLY ONLY WHEN THE PROJECT IS A POWER GENERATION PROJECT
415		-	WITH A NAMEPLATE GENERATION CAPACITY OF ONE MEGAWATT OR HIGHER
416		-	OR AN ENERGY STORAGE SYSTEM AS DEFINED BY SECTION
417		-	40-2-202 WITH AN
418		-	ENERGY RATING OF ONE MEGAWATT OF POWER CAPACITY OR FOUR
419		-	MEGAWATT HOURS OF USEABLE ENERGY CAPACITY OR HIGHER AND THE
420		-	AGGREGATED PUBLIC ASSISTANCE FROM THE STATE IS FIVE HUNDRED
421		-	THOUSAND DOLLARS OR MORE
422		-	.
	521	+	10
	522	+	PURSUANT TO SECTION 24-92-303 (5)(a)(I)(A), THE REQUIREMENTS OF11
	523	+	THIS PART 3 APPLY ONLY WHEN THE PROJECT IS A POWER GENERATION12
	524	+	PROJECT WITH A NAMEPLATE GENERATION CAPACITY OF ONE MEGAWATT13
	525	+	OR HIGHER OR AN ENERGY STORAGE SYSTEM AS DEFINED BY SECTION14
	526	+	40-2-202
	527	+	WITH AN ENERGY RATING OF ONE MEGAWATT OF POWER
	528	+	15
	529	+	CAPACITY OR FOUR MEGAWATT HOURS OF USEABLE ENERGY CAPACITY OR16
	530	+	HIGHER AND THE AGGREGATED PUBLIC ASSISTANCE FROM THE STATE IS17
	531	+	FIVE HUNDRED THOUSAND DOLLARS OR MORE .18
423	532		(II) F
424	533		OR ENERGY SECTOR PUBLIC WORKS PROJECTS UNDER
425		-	24-92-303(5)(b)(II), THE REQUIREMENTS OF THIS PART 3 APPLY ONLY WHEN
426		-	THE TOTAL PROJECT COST IS ONE MILLION DOLLARS OR MORE
427		-	, AND THE
428		-	AGGREGATED PUBLIC ASSISTANCE FROM THE STATE
429		-	, FUNDING FROM A
430		-	PUBLIC UTILITY
431		-	, OR FUNDING FROM A COOPERATIVE ELECTRIC ASSOCIATION
432		-	IS FIVE HUNDRED THOUSAND DOLLARS OR MORE
433		-	.
	534	+	19
	535	+	24-92-303(5)(b)(II),
	536	+	THE REQUIREMENTS OF THIS PART 3 APPLY ONLY
	537	+	20
	538	+	WHEN THE TOTAL PROJECT COST IS ONE MILLION DOLLARS OR MORE , AND21
	539	+	THE AGGREGATED PUBLIC ASSISTANCE FROM THE STATE , FUNDING FROM22
	540	+	A PUBLIC UTILITY, OR FUNDING FROM A COOPERATIVE ELECTRIC23
	541	+	ASSOCIATION IS FIVE HUNDRED THOUSAND DOLLARS OR MORE .24
434	542		(c) T
435		-	HE REQUIREMENTS OF THIS PART 3 DO NOT APPLY TO:
	543	+	HE REQUIREMENTS OF THIS PART 3 DO NOT APPLY TO:25
436	544		(I) A
437		-	PROJECT THAT IS COVERED BY A PROJECT LABOR AGREEMENT ;
	545	+	PROJECT THAT IS COVERED BY A PROJECT LABOR AGREEMENT ;26
438	546		(II) W
439		-	ORK ON AN ENERGY SECTOR PUBLIC WORKS ~~PROJECT~~
440		-	~~PERFORMED BY THE EMPLOYEES OF A UTILITY COMPANY~~
441		-	;
	547	+	ORK ON AN ENERGY SECTOR PUBLIC WORKS PROJECT27
	548	+	292
	549	+	-14- PERFORMED BY THE EMPLOYEES OF A UTILITY COMPANY ;1
442	550		(III) S
443		-	O LONG AS COMPLIANCE WITH ANY APPLICABLE FEDERAL
444		-	"INFLATION REDUCTION ACT" QUALIFICATION REQUIREMENTS IS A
445		-	MATERIAL TERM OF THE AGREEMENT WITH A PUBLIC UTILITY
446		-	, COOPERATIVE
447		-	ELECTRIC ASSOCIATION
448		-	, INDEPENDENT POWER PRODUCER , OR THE STATE,
449		-	WORK ON AN ENERGY SECTOR PUBLIC WORKS PROJECT PUT OUT TO BID ON OR
450		-	AFTER
451		-	JANUARY 1, 2024, THAT IS QUALIFIED FOR AND CLAIMS THE
452		-	INCREASED FEDERAL PRODUCTION TAX CREDIT OR INVESTMENT TAX CREDIT
453		-	AMOUNT
454		-	, EXCLUDING ANY DOMESTIC CONTENT , ENERGY COMMUNITY, OR
455		-	LOW
456		-	-INCOME COMMUNITY BONUS CREDIT , AS A RESULT OF:
457		-	PAGE 9-SENATE BILL 23-292 (A) SATISFYING THE PREVAILING WAGE AND APPRENTICESHIP
458		-	REQUIREMENTS UNDER THE PROVISIONS OF THE FEDERAL
459		-	"INFLATION
460		-	REDUCTION ACT"; OR
461		-	(B) ACHIEVING THE START OF CONSTRUCTION PRIOR TO JANUARY 29,
462		-	2023,
463		-	PURSUANT TO THE PRINCIPLES OUTLINED IN THE FEDERAL INTERNAL
464		-	REVENUE SERVICE GUIDANCE AND THE
465		-	UNITED STATES DEPARTMENT OF
466		-	LABOR GUIDANCE RELATED TO THE FEDERAL
467		-	"INFLATION REDUCTION ACT"
468		-	AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME ;
	551	+	O LONG AS COMPLIANCE WITH ANY APPLICABLE FEDERAL2
	552	+	"I
	553	+	NFLATION REDUCTION ACT" QUALIFICATION REQUIREMENTS IS A3
	554	+	MATERIAL TERM OF THE AGREEMENT WITH A PUBLIC UTILITY ,4
	555	+	COOPERATIVE ELECTRIC ASSOCIATION , INDEPENDENT POWER PRODUCER ,5
	556	+	OR THE STATE, WORK ON AN ENERGY SECTOR PUBLIC WORKS PROJECT PUT6
	557	+	OUT TO BID ON OR AFTER JANUARY 1, 2024, THAT IS QUALIFIED FOR AND7
	558	+	CLAIMS THE INCREASED FEDERAL PRODUCTION TAX CREDIT OR8
	559	+	INVESTMENT TAX CREDIT AMOUNT , EXCLUDING ANY DOMESTIC CONTENT ,9
	560	+	ENERGY COMMUNITY , OR LOW-INCOME COMMUNITY BONUS CREDIT , AS A10
	561	+	RESULT OF:11
	562	+	(A)
	563	+	SATISFYING THE PREVAILING WAGE AND APPRENTICESHIP12
	564	+	REQUIREMENTS UNDER THE PROVISIONS OF THE FEDERAL "INFLATION13
	565	+	R
	566	+	EDUCTION ACT"; OR14
	567	+	(B) A
	568	+	CHIEVING THE START OF CONSTRUCTION PRIOR TO JANUARY15
	569	+	29,
	570	+	2023, PURSUANT TO THE PRINCIPLES OUTLINED IN THE FEDERAL16
	571	+	INTERNAL REVENUE SERVICE GUIDANCE AND THE UNITED STATES17
	572	+	DEPARTMENT OF LABOR GUIDANCE RELATED TO THE FEDERAL "INFLATION18
	573	+	R
	574	+	EDUCTION ACT" AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME ;19
469	575		(IV) A
470		-	UTILITY-INCENTIVIZED DEMAND-SIDE MANAGEMENT OR
471		-	ELECTRIFICATION PROGRAM PURSUANT TO SECTION
472		-	40-3.2-105.5 OR
473		-	40-3.2-105.6;
	576	+	UTILITY-INCENTIVIZED DEMAND-SIDE MANAGEMENT OR20
	577	+	ELECTRIFICATION PROGRAM PURSUANT TO SECTION 40-3.2-105.5 OR21
	578	+	40-3.2-105.6;22
474	579		(V) U
475		-	TILITY OR STATE-FUNDED BUILDING ENERGY ~~EFFICIENCY~~
476		-	~~PROGRAMS~~
477		-	;
	580	+	TILITY OR STATE-FUNDED BUILDING ENERGY
	581	+	EFFICIENCY23
	582	+	PROGRAMS;24
478	583		(VI) S
479		-	ERVICE AGREEMENTS THAT WERE ENTERED INTO BY A PUBLIC
480		-	UTILITY
481		-	, INDEPENDENT POWER PRODUCER , OR COOPERATIVE ELECTRIC
482		-	ASSOCIATION ON OR BEFORE
483		-	MARCH 1, 2023; EXCEPT THAT UPON RENEWAL
484		-	OR ISSUANCE OF A NEW REQUEST FOR PROPOSALS
485		-	, THE SERVICE AGREEMENT
486		-	MUST COME INTO COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
487		-	;
	584	+	ERVICE AGREEMENTS THAT WERE ENTERED INTO BY A25
	585	+	PUBLIC UTILITY, INDEPENDENT POWER PRODUCER , OR COOPERATIVE26
	586	+	ELECTRIC ASSOCIATION ON OR BEFORE MARCH 1, 2023; EXCEPT THAT27
	587	+	292
	588	+	-15- UPON RENEWAL OR ISSUANCE OF A NEW REQUEST FOR PROPOSALS , THE1
	589	+	SERVICE AGREEMENT MUST COME INTO COMPLIANCE WITH THE2
	590	+	REQUIREMENTS OF THIS SECTION;3
488	591		(VII) P
489		-	ROJECTS THAT INVOLVE AN ELECTRIC DISTRIBUTION LINE
490		-	WITH A CAPACITY OF
491		-	69KV OR LESS; AND
492		-	(VIII) PROJECTS THAT INVOLVE PIPELINES WITH A SPECIFIED
493		-	MINIMUM YIELD STRENGTH LESS THAN THIRTY PERCENT
494		-	.
	592	+	ROJECTS THAT INVOLVE AN ELECTRIC DISTRIBUTION LINE4
	593	+	WITH A CAPACITY OF 69KV OR LESS; AND5
	594	+	(VIII) P
	595	+	ROJECTS THAT INVOLVE PIPELINES WITH A SPECIFIED6
	596	+	MINIMUM YIELD STRENGTH LESS THAN THIRTY PERCENT .7
495	597		(2) U
496		-	NLESS THE CONTRACTUAL REQUIREMENTS SPECIFIED IN
497		-	SUBSECTION
498		-	(1) OF THIS SECTION ARE IN PLACE, AN AFFECTED PROJECT
499		-	SHALL NOT BE ELIGIBLE TO
500		-	:
	598	+	NLESS THE CONTRACTUAL REQUIREMENTS SPECIFIED IN8
	599	+	SUBSECTION (1) OF THIS SECTION ARE IN PLACE, AN AFFECTED PROJECT9
	600	+	SHALL NOT BE ELIGIBLE TO:10
501	601		(a) R
502		-	ECEIVE FUNDING FROM THE STATE THROUGH GENERAL FUND
503		-	APPROPRIATIONS
504		-	, TAX CREDITS, TAX DEDUCTIONS, LAND TRANSFERS, OR
505		-	OTHER FUNDING OR ASSISTANCE PROVIDED BY THE GENERAL ASSEMBLY OR
506		-	A GOVERNMENT AGENCY
507		-	; OR
508		-	(b) RECEIVE ANY APPROVALS OR AUTHORIZATIONS FROM THE PUBLIC
509		-	UTILITIES COMMISSION
510		-	, INCLUDING APPROVALS FOR UTILITY FUNDING OR FOR
511		-	PAGE 10-SENATE BILL 23-292 COMMENCEMENT OF THE PROJECT , INCLUDING A CERTIFICATE OF PUBLIC
512		-	CONVENIENCE
513		-	.
	602	+	ECEIVE FUNDING FROM THE STATE THROUGH GENERAL FUND11
	603	+	APPROPRIATIONS, TAX CREDITS, TAX DEDUCTIONS, LAND TRANSFERS, OR12
	604	+	OTHER FUNDING OR ASSISTANCE PROVIDED BY THE GENERAL ASSEMBLY OR13
	605	+	A GOVERNMENT AGENCY ; OR14
	606	+	(b) R
	607	+	ECEIVE ANY APPROVALS OR AUTHORIZATIONS FROM THE15
	608	+	PUBLIC UTILITIES COMMISSION, INCLUDING APPROVALS FOR UTILITY16
	609	+	FUNDING OR FOR COMMENCEMENT OF THE PROJECT , INCLUDING A17
	610	+	CERTIFICATE OF PUBLIC CONVENIENCE .18
514	611		(3) T
515		-	HE LEAD CONTRACTOR ENGAGED TO PERFORM CONSTRUCTION
516		-	SERVICES FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT MUST REQUIRE
517		-	ALL SUBCONTRACTORS USED ON THE PROJECT TO COMPLY WITH SECTION
518		-	24-92-115 (7) AND PART 2 OF THIS ARTICLE 92 BY ENSURING THAT SUCH
519		-	REQUIREMENTS ARE STIPULATED IN ALL SUBCONTRACTS
520		-	. LEAD
521		-	CONTRACTORS MUST TAKE ALL REASONABLY NECESSARY STEPS TO ENSURE
522		-	COMPLIANCE BY MONITORING SUBCONTRACTORS
523		-	.
	612	+	HE LEAD CONTRACTOR ENGAGED TO PERFORM CONSTRUCTION19
	613	+	SERVICES FOR AN ENERGY SECTOR PUBLIC WORKS PROJECT MUST REQUIRE20
	614	+	ALL SUBCONTRACTORS USED ON THE PROJECT TO COMPLY WITH SECTION21
	615	+	24-92-115
	616	+	(7) AND PART 2 OF THIS ARTICLE 92 BY ENSURING THAT SUCH22
	617	+	REQUIREMENTS ARE STIPULATED IN ALL SUBCONTRACTS . LEAD23
	618	+	CONTRACTORS MUST TAKE ALL REASONABLY NECESSARY STEPS TO24
	619	+	ENSURE COMPLIANCE BY MONITORING SUBCONTRACTORS .25
524	620		(4) T
525		-	HE PUBLIC UTILITIES COMMISSION SHALL NOT FIND AN ENERGY
526		-	SECTOR PUBLIC WORKS PROJECT TO BE IN COMPLIANCE WITH SECTION
527		-	40-2-129 UNLESS THE CONSTRUCTION CONTRACT FOR THE PROJECT
528		-	INCLUDES PROVISIONS EXPRESSLY REQUIRING THAT ALL WORK PERFORMED
529		-	UNDER THE CONTRACT COMPLY WITH THE REQUIREMENTS OF SECTION
530		-	24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. COMPLIANCE WITH THIS
531		-	SUBSECTION
532		-	(4) DOES NOT PREVENT THE COMMISSION FROM CONSIDERING
533		-	ALL
534		-	"BEST VALUE" EMPLOYMENT METRICS AS DEFINED IN SECTION 40-2-129,
535		-	INCLUDING THOSE METRICS THAT ARE NOT DIRECTLY RELATED TO THE
536		-	PROCUREMENT OF CRAFT LABOR AND APPRENTICESHIP TRAINING ON AN
537		-	ENERGY SECTOR PUBLIC WORKS PROJECT
538		-	.
	621	+	HE PUBLIC UTILITIES COMMISSION SHALL NOT FIND AN26
	622	+	ENERGY SECTOR PUBLIC WORKS PROJECT TO BE IN COMPLIANCE WITH27
	623	+	292
	624	+	-16- SECTION 40-2-129 UNLESS THE CONSTRUCTION CONTRACT FOR THE1
	625	+	PROJECT INCLUDES PROVISIONS EXPRESSLY REQUIRING THAT ALL WORK2
	626	+	PERFORMED UNDER THE CONTRACT COMPLY WITH THE REQUIREMENTS OF3
	627	+	SECTION 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. COMPLIANCE4
	628	+	WITH THIS SUBSECTION (4) DOES NOT PREVENT THE COMMISSION FROM5
	629	+	CONSIDERING ALL "BEST VALUE" EMPLOYMENT METRICS AS DEFINED IN6
	630	+	SECTION 40-2-129, INCLUDING THOSE METRICS THAT ARE NOT DIRECTLY7
	631	+	RELATED TO THE PROCUREMENT OF CRAFT LABOR AND APPRENTICESHIP8
	632	+	TRAINING ON AN ENERGY SECTOR PUBLIC WORKS PROJECT .9
539	633		(5) C
540		-	ONSISTENT WITH SECTION 24-92-203 (4), BIDDERS ON ENERGY
541		-	SECTOR PUBLIC WORKS PROJECTS SHALL NOT ARTIFICIALLY DIVIDE THE
542		-	OVERALL GENERATION CAPACITY OR OVERALL PROJECT COST OF AN ENERGY
543		-	SECTOR PUBLIC WORKS PROJECT TO DELIBERATELY AVOID THE
544		-	REQUIREMENTS TO COMPLY WITH SECTION
545		-	24-92-115 (7) AND PART 2 OF THIS
546		-	ARTICLE
547		-	92. THE PUBLIC UTILITIES COMMISSION, THE STATE, A PUBLIC
548		-	UTILITY
549		-	, OR A COOPERATIVE ELECTRIC ASSOCIATION MAY STILL REQUIRE
550		-	COMPLIANCE WITH PREVAILING WAGE AND APPRENTICESHIP UTILIZATION
551		-	REQUIREMENTS IF THEY DETERMINE THAT A BIDDER HAS ARTIFICIALLY
552		-	DIVIDED A PROJECT WITH THE INTENT OF AVOIDING THE REQUIREMENT TO
553		-	COMPLY WITH THOSE SECTIONS
554		-	.
555		-	24-92-305. Energy sector public works projects - record keeping
556		-	- reporting - craft labor certification - sanctions - compliance with best
557		-	value employment metrics. (1) T
558		-	HE LEAD CONTRACTOR FOR AN ENERGY
559		-	SECTOR PUBLIC WORKS PROJECT SHALL PREPARE CERTIFIED PAYROLL
560		-	RECORDS FOR CRAFT WORKERS DIRECTLY EMPLOYED BY THE CONTRACTOR
561		-	,
562		-	PAGE 11-SENATE BILL 23-292 OBTAIN CERTIFIED PAYROLL RECORDS FROM ALL CONTRACTORS AND
563		-	SUBCONTRACTORS ON THE PROJECTS
564		-	, AND SUBMIT THE RECORDS TO THE
565		-	PUBLIC UTILITY OR OTHER OWNER OF THE ENERGY SECTOR PUBLIC WORKS
566		-	PROJECT ON A WEEKLY BASIS
567		-	. EACH LEAD CONTRACTOR AND
568		-	SUBCONTRACTOR SHALL CERTIFY
569		-	, UNDER THE PENALTY OF PERJURY, THAT
570		-	THE RECORDS PROVIDE COMPLETE AND ACCURATE INFORMATION FOR ALL
571		-	CRAFT WORKERS EMPLOYED ON THE PROJECT
572		-	.
	634	+	ONSISTENT WITH SECTION 24-92-203 (4), BIDDERS ON ENERGY10
	635	+	SECTOR PUBLIC WORKS PROJECTS SHALL NOT ARTIFICIALLY DIVIDE THE11
	636	+	OVERALL GENERATION CAPACITY OR OVERALL PROJECT COST OF AN12
	637	+	ENERGY SECTOR PUBLIC WORKS PROJECT TO DELIBERATELY AVOID THE13
	638	+	REQUIREMENTS TO COMPLY WITH SECTION 24-92-115 (7) AND PART 2 OF14
	639	+	THIS ARTICLE 92. THE PUBLIC UTILITIES COMMISSION, THE STATE, A PUBLIC15
	640	+	UTILITY, OR A COOPERATIVE ELECTRIC ASSOCIATION MAY STILL REQUIRE16
	641	+	COMPLIANCE WITH PREVAILING WAGE AND APPRENTICESHIP UTILIZATION17
	642	+	REQUIREMENTS IF THEY DETERMINE THAT A BIDDER HAS ARTIFICIALLY18
	643	+	DIVIDED A PROJECT WITH THE INTENT OF AVOIDING THE REQUIREMENT TO19
	644	+	COMPLY WITH THOSE SECTIONS.20
	645	+	24-92-305. Energy sector public works projects - record21
	646	+	keeping - reporting - craft labor certification - sanctions - compliance22
	647	+	with best value employment metrics. (1) T
	648	+	HE LEAD CONTRACTOR FOR23
	649	+	AN ENERGY SECTOR PUBLIC WORKS PROJECT SHALL PREPARE CERTIFIED24
	650	+	PAYROLL RECORDS FOR CRAFT WORKERS DIRECTLY EMPLOYED BY THE25
	651	+	CONTRACTOR, OBTAIN CERTIFIED PAYROLL RECORDS FROM ALL26
	652	+	CONTRACTORS AND SUBCONTRACTORS ON THE PROJECTS , AND SUBMIT THE27
	653	+	292
	654	+	-17- RECORDS TO THE PUBLIC UTILITY OR OTHER OWNER OF THE ENERGY1
	655	+	SECTOR PUBLIC WORKS PROJECT ON A WEEKLY BASIS . EACH LEAD2
	656	+	CONTRACTOR AND SUBCONTRACTOR SHALL CERTIFY , UNDER THE PENALTY3
	657	+	OF PERJURY, THAT THE RECORDS PROVIDE COMPLETE AND ACCURATE4
	658	+	INFORMATION FOR ALL CRAFT WORKERS EMPLOYED ON THE PROJECT .5
573	659		(2) T
574		-	HE LEAD CONTRACTOR FOR AN ENERGY SECTOR ~~PUBLIC WORKS~~
575		-	PROJECT SHALL PREPARE A CRAFT LABOR CERTIFICATION ON ~~A QUARTERLY~~
576		-	BASIS FOR WORK THAT IS BEING PERFORMED UNDER ~~AFFECTED PROJECTS~~
577		-	.
	660	+	HE LEAD CONTRACTOR FOR AN ENERGY SECTOR PUBLIC6
	661	+	WORKS PROJECT SHALL PREPARE A CRAFT LABOR CERTIFICATION ON A7
	662	+	QUARTERLY BASIS FOR WORK THAT IS BEING PERFORMED UNDER AFFECTED8
	663	+	PROJECTS.9
578	664		(3) A
579		-	CRAFT LABOR CERTIFICATION MUST INCLUDE THE FOLLOWING :
	665	+	CRAFT LABOR CERTIFICATION MUST INCLUDE THE10
	666	+	FOLLOWING:11
580	667		(a) A
581		-	SWORN ATTESTATION, UNDER THE PENALTY OF PERJURY, ~~THAT~~
582		-	THE LEAD CONTRACTOR IS FULLY COMPLIANT WITH ~~ALL EMPLOYMENT~~
583		-	,
584		-	~~TRAINING, AND WAGE REQUIREMENTS OF SECTION~~ 24-92-115 ~~(7) AND PART~~
585		-	2 OF THIS ARTICLE 92; ~~AND~~
586		-	(b) ~~AN IDENTICAL, EQUIVALENT CRAFT LABOR CERTIFICATION~~
587		-	~~EXECUTED IN THE SAME MANNER BY ALL SUBCONTRACTORS PARTICIPATING~~
588		-	IN THE ~~ENERGY SECTOR PUBLIC WORKS PROJECT~~
589		-	.
	668	+	SWORN ATTESTATION, UNDER THE PENALTY OF PERJURY ,12
	669	+	THAT THE LEAD CONTRACTOR IS FULLY COMPLIANT WITH ALL13
	670	+	EMPLOYMENT, TRAINING, AND WAGE REQUIREMENTS OF SECTION14
	671	+	24-92-115
	672	+	(7) AND PART 2 OF THIS ARTICLE 92; AND15
	673	+	(b) A
	674	+	N IDENTICAL, EQUIVALENT CRAFT LABOR CERTIFICATION16
	675	+	EXECUTED IN THE SAME MANNER BY ALL SUBCONTRACTORS17
	676	+	PARTICIPATING IN THE ENERGY SECTOR PUBLIC WORKS PROJECT .18
590	677		(4) T
591		-	HE PUBLIC UTILITY, COOPERATIVE ELECTRIC ASSOCIATION ,
592		-	INDEPENDENT POWER PRODUCER , OR OTHER OWNER OF AN ENERGY SECTOR
593		-	PUBLIC WORKS PROJECT IS RESPONSIBLE FOR MAINTENANCE OF RECORDS FOR
594		-	ALL CRAFT LABOR CERTIFICATIONS
595		-	. THE PUBLIC UTILITY, COOPERATIVE
596		-	ELECTRIC ASSOCIATION
597		-	, INDEPENDENT POWER PRODUCER , OR OTHER OWNER
598		-	OF AN ENERGY SECTOR PUBLIC WORKS PROJECT SHALL EITHER PROVIDE
599		-	COPIES QUARTERLY OR REQUIRE BY CONTRACT THAT THE LEAD CONTRACTOR
600		-	PROVIDE COPIES QUARTERLY
601		-	, TO THE DEPARTMENT OF LABOR AND
602		-	EMPLOYMENT FOR REVIEW AND OVERSIGHT PURPOSES
603		-	.
604		-	(5) N
605		-	O LATER THAN JANUARY 1, 2029, AND AT LEAST FIVE YEARS
606		-	THEREAFTER
607		-	, THE STATE AUDITOR'S OFFICE SHALL CONDUCT AN AUDIT OF
608		-	THE COMMISSION
609		-	'S APPROVAL OF ENERGY SECTOR PUBLIC WORKS PROJECTS .
610		-	T
611		-	HE PURPOSE OF THE AUDIT IS TO ESTABLISH OVERSIGHT AND
612		-	ACCOUNTABILITY FOR COMPLIANCE WITH SECTION
613		-	40-2-129, AND TO
614		-	DETERMINE WHETHER A SAMPLE OF PROJECTS THAT HAVE BEEN APPROVED
615		-	BY THE COMMISSION ARE FULLY COMPLIANT WITH ALL EMPLOYMENT
616		-	,
617		-	PAGE 12-SENATE BILL 23-292 TRAINING, WAGE, AND APPRENTICESHIP REQUIREMENTS OF SECTION
618		-	24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. THE AUDIT MUST CONSIDER
619		-	INFORMATION AND RECORDS RELATED TO THE CRAFT LABOR CERTIFICATIONS
620		-	THAT ARE COLLECTED AND MAINTAINED BY THE DEPARTMENT OF LABOR
621		-	AND EMPLOYMENT
622		-	. THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL
623		-	PROVIDE ANY INFORMATION NEEDED TO PERFORM THE AUDIT AS REQUESTED
624		-	BY THE STATE AUDITOR
625		-	'S OFFICE.
	678	+	HE PUBLIC UTILITY, COOPERATIVE ELECTRIC ASSOCIATION ,19
	679	+	INDEPENDENT POWER PRODUCER , OR OTHER OWNER OF AN ENERGY20
	680	+	SECTOR PUBLIC WORKS PROJECT IS RESPONSIBLE FOR MAINTENANCE OF21
	681	+	RECORDS FOR ALL CRAFT LABOR CERTIFICATIONS . THE PUBLIC UTILITY,
	682	+	22
	683	+	COOPERATIVE ELECTRIC ASSOCIATION , INDEPENDENT POWER PRODUCER ,23
	684	+	OR OTHER OWNER OF AN ENERGY SECTOR PUBLIC WORKS PROJECT SHALL24
	685	+	EITHER PROVIDE COPIES QUARTERLY OR REQUIRE BY CONTRACT THAT THE25
	686	+	LEAD CONTRACTOR PROVIDE COPIES QUARTERLY , TO THE DEPARTMENT OF26
	687	+	LABOR AND EMPLOYMENT FOR REVIEW AND OVERSIGHT PURPOSES .27
	688	+	292
	689	+	-18- (5) NO LATER THAN JANUARY 1, 2029, AND AT LEAST FIVE YEARS1
	690	+	THEREAFTER, THE STATE AUDITOR'S OFFICE SHALL CONDUCT AN AUDIT OF2
	691	+	THE COMMISSION'S APPROVAL OF ENERGY SECTOR PUBLIC WORKS3
	692	+	PROJECTS. THE PURPOSE OF THE AUDIT IS TO ESTABLISH OVERSIGHT AND4
	693	+	ACCOUNTABILITY FOR COMPLIANCE WITH SECTION 40-2-129, AND TO5
	694	+	DETERMINE WHETHER A SAMPLE OF PROJECTS THAT HAVE BEEN APPROVED6
	695	+	BY THE COMMISSION ARE FULLY COMPLIANT WITH ALL EMPLOYMENT ,7
	696	+	TRAINING, WAGE, AND APPRENTICESHIP REQUIREMENTS OF SECTION8
	697	+	24-92-115
	698	+	(7) AND PART 2 OF THIS ARTICLE 92. THE AUDIT MUST
	699	+	9
	700	+	CONSIDER INFORMATION AND RECORDS RELATED TO THE CRAFT LABOR10
	701	+	CERTIFICATIONS THAT ARE COLLECTED AND MAINTAINED BY THE11
	702	+	DEPARTMENT OF LABOR AND EMPLOYMENT . THE DEPARTMENT OF LABOR12
	703	+	AND EMPLOYMENT SHALL PROVIDE ANY INFORMATION NEEDED TO13
	704	+	PERFORM THE AUDIT AS REQUESTED BY THE STATE AUDITOR 'S OFFICE.14
626	705		(a) T
627	706		HE AUDIT PROCESS MUST SELECT A SAMPLE OF PROJECTS FOR
628		-	~~REVIEW AND ENSURE THAT THE SCOPE OF THE AUDIT ENCOMPASSES THE~~
629		-	~~BROAD TYPES~~ OF ~~ENERGY SECTOR PUBLIC WORKS PROJECTS~~
630		-	.
	707	+	15
	708	+	REVIEW AND ENSURE THAT THE SCOPE OF THE AUDIT ENCOMPASSES THE16
	709	+	BROAD TYPES OF ENERGY SECTOR PUBLIC WORKS PROJECTS .17
631	710		(b) U
632		-	PON RELEASE OF THE AUDIT REPORT BY THE LEGISLATIVE AUDIT
633		-	COMMITTEE
634		-	, THE STATE AUDITOR MUST MAKE THE RESULTS OF THE AUDIT
635		-	AVAILABLE TO THE PUBLIC
636		-	.
	711	+	PON RELEASE OF THE AUDIT REPORT BY THE LEGISLATIVE
	712	+	18
	713	+	AUDIT COMMITTEE, THE STATE AUDITOR MUST MAKE THE RESULTS OF THE19
	714	+	AUDIT AVAILABLE TO THE PUBLIC.20
637	715		(c) A
638	716		FTER CONDUCTING TWO AUDITS UNDER THIS SUBSECTION (5),
639		-	~~THE STATE AUDITOR MAY CONDUCT ADDITIONAL AUDITS IN THE STATE~~
640		-	AUDITOR
641		-	'S DISCRETION.
	717	+	21
	718	+	THE STATE AUDITOR MAY CONDUCT ADDITIONAL AUDITS IN THE STATE22
	719	+	AUDITOR'S DISCRETION.23
642	720		(6) V
643		-	IOLATIONS OF THE REQUIREMENTS SPECIFIED IN THIS SECTION ,
644		-	INCLUDING WAGE AND HOUR VIOLATIONS , VIOLATIONS OF ~~APPRENTICESHIP~~
645		-	REQUIREMENTS
646		-	~~, FALSIFICATION OF RECORDS, OR WILLFUL~~ NON-COMPLIANCE,
647		-	~~ARE SUBJECT TO THE PENALTIES AND ENFORCEMENT RIGHTS AND REMEDIES~~
648		-	DESCRIBED IN SECTIONS
649		-	~~24-92-115 (3), 24-92-209,~~ 24-92-210, ~~AND~~
650		-	24-109-105.
	721	+	IOLATIONS OF THE REQUIREMENTS SPECIFIED IN THIS SECTION,24
	722	+	INCLUDING WAGE AND HOUR VIOLATIONS , VIOLATIONS OF APPRENTICESHIP25
	723	+	REQUIREMENTS , FALSIFICATION OF RECORDS , OR WILLFUL26
	724	+	NON-COMPLIANCE, ARE SUBJECT TO THE PENALTIES AND ENFORCEMENT27
	725	+	292
	726	+	-19- RIGHTS AND REMEDIES DESCRIBED IN SECTIONS 24-92-115 (3), 24-92-209,1
	727	+	24-92-210,
	728	+	AND 24-109-105.2
651	729		(7) I
652		-	F AN ENERGY SECTOR PUBLIC WORKS PROJECT USES FEDERAL
653		-	FUNDING THAT REQUIRES COMPLIANCE WITH THE FEDERAL
654		-	"DAVIS-BACON
655		-	ACT", 40 U.S.C. SEC. 3141 ET SEQ., OR RELATED STATUTES, THE OWNER OF
656		-	THE ENERGY SECTOR PUBLIC WORKS PROJECT SHALL
657		-	:
	730	+	F AN ENERGY SECTOR PUBLIC WORKS PROJECT USES FEDERAL3
	731	+	FUNDING THAT REQUIRES COMPLIANCE WITH THE FEDERAL "DAVIS-BACON4
	732	+	A
	733	+	CT", 40 U.S.C. SEC. 3141 ET SEQ., OR RELATED STATUTES, THE OWNER5
	734	+	OF THE ENERGY SECTOR PUBLIC WORKS PROJECT SHALL :6
658	735		(a) N
659		-	OTIFY THE PUBLIC UTILITIES COMMISSION OF THEIR INTENT TO
660		-	USE FEDERAL FUNDING TO FUND
661		-	, IN WHOLE OR IN PART, THE ENERGY SECTOR
662		-	PUBLIC WORKS PROJECT
663		-	; AND
664		-	(b) REQUIRE THE LEAD CONTRACTORS AND ALL OTHER
665		-	CONTRACTORS AND SUBCONTRACTORS WORKING ON THE ENERGY SECTOR
666		-	PUBLIC WORKS PROJECT TO PAY APPLICABLE FEDERALLY STIPULATED WAGE
667		-	AND BENEFIT RATES AND PROVIDE CERTIFIED PAYROLL REPORTS TO THE
668		-	PAGE 13-SENATE BILL 23-292 PUBLIC UTILITIES COMMISSION IN THE SAME MANNER REQUIRED BY
669		-	SUBSECTION
670		-	(1) OF THIS SECTION.
671		-	24-92-306. Energy sector public works projects - use of project
	736	+	OTIFY THE PUBLIC UTILITIES COMMISSION OF THEIR INTENT TO7
	737	+	USE FEDERAL FUNDING TO FUND , IN WHOLE OR IN PART, THE ENERGY8
	738	+	SECTOR PUBLIC WORKS PROJECT; AND9
	739	+	(b) R
	740	+	EQUIRE THE LEAD CONTRACTORS AND ALL OTHER10
	741	+	CONTRACTORS AND SUBCONTRACTORS WORKING ON THE ENERGY SECTOR11
	742	+	PUBLIC WORKS PROJECT TO PAY APPLICABLE FEDERALLY STIPULATED12
	743	+	WAGE AND BENEFIT RATES AND PROVIDE CERTIFIED PAYROLL REPORTS TO13
	744	+	THE PUBLIC UTILITIES COMMISSION IN THE SAME MANNER REQUIRED BY14
	745	+	SUBSECTION (1) OF THIS SECTION.15
	746	+	24-92-306. Energy sector public works projects - use of project16
672	747		labor agreements. (1) A
673		-	PUBLIC UTILITY, COOPERATIVE ELECTRIC
674		-	ASSOCIATION
675		-	, OR INDEPENDENT POWER PRODUCER IS AUTHORIZED TO
676		-	INCORPORATE A PROJECT LABOR AGREEMENT REQUIREMENT FOR AN ENERGY
677		-	SECTOR PUBLIC WORKS PROJECT IF THE PROJECT LABOR AGREEMENT WILL
678		-	PROMOTE SUCCESSFUL PROJECT DELIVERY BY SECURING A SKILLED LABOR
679		-	FORCE FOR THE PROJECT AND IF IT WILL PROMOTE COST
680		-	-EFFICIENCY, SAFETY,
681		-	QUALITY, AND TIMELY COMPLETION OF THE PROJECT .
	748	+	PUBLIC UTILITY, COOPERATIVE ELECTRIC17
	749	+	ASSOCIATION, OR INDEPENDENT POWER PRODUCER IS AUTHORIZED TO18
	750	+	INCORPORATE A PROJECT LABOR AGREEMENT REQUIREMENT FOR AN19
	751	+	ENERGY SECTOR PUBLIC WORKS PROJECT IF THE PROJECT LABOR20
	752	+	AGREEMENT WILL PROMOTE SUCCESSFUL PROJECT DELIVERY BY SECURING21
	753	+	A SKILLED LABOR FORCE FOR THE PROJECT AND IF IT WILL PROMOTE22
	754	+	COST-EFFICIENCY, SAFETY, QUALITY, AND TIMELY COMPLETION OF THE23
	755	+	PROJECT.24
682	756		(2) I
683		-	F ALL CONSTRUCTION WORK ON AN ENERGY SECTOR PUBLIC
684		-	WORKS PROJECT IS COVERED BY A PROJECT LABOR AGREEMENT
685		-	, THE
686		-	REQUIREMENTS OF SECTIONS
687		-	24-92-304 AND 24-92-305 DO NOT APPLY TO
688		-	THE PROJECT
689		-	.
	757	+	F ALL CONSTRUCTION WORK ON AN ENERGY SECTOR PUBLIC25
	758	+	WORKS PROJECT IS COVERED BY A PROJECT LABOR AGREEMENT , THE26
	759	+	REQUIREMENTS OF SECTIONS 24-92-304 AND 24-92-305 DO NOT APPLY TO27
	760	+	292
	761	+	-20- THE PROJECT.1
690	762		(3) T
691		-	HE PUBLIC UTILITIES COMMISSION SHALL NOT ~~DENY APPROVAL~~
692		-	OF AN ENERGY SECTOR PUBLIC WORKS PROJECT ~~SOLELY BECAUSE THE~~
693		-	PROJECT OWNER VOLUNTARILY ELECTS TO USE A ~~PROJECT LABOR~~
694		-	AGREEMENT FOR THE PROJECT
695		-	~~. THE PUBLIC UTILITIES COMMISSION MUST~~
696		-	~~STATE ITS REASONS FOR DENIAL~~ IN WRITING WHEN IT ~~ISSUES THE DECISION~~
697		-	.
698		-	24-92-307. Energy sector public works projects - ~~existing~~
	763	+	HE PUBLIC UTILITIES COMMISSION SHALL NOT DENY2
	764	+	APPROVAL OF AN ENERGY SECTOR PUBLIC WORKS PROJECT SOLELY3
	765	+	BECAUSE THE PROJECT OWNER VOLUNTARILY ELECTS TO USE A PROJECT4
	766	+	LABOR AGREEMENT FOR THE PROJECT . THE PUBLIC UTILITIES COMMISSION5
	767	+	MUST STATE ITS REASONS FOR DENIAL
	768	+	IN WRITING WHEN IT ISSUES6
	769	+	THE DECISION.7
	770	+	24-92-307. Energy sector public works projects - existing8
699	771		authority of the public utilities commission. N
700		-	OTHING IN THIS SECTION
701		-	CONTRAVENES THE STATUTORY AUTHORITY OF THE PUBLIC UTILITIES
702		-	COMMISSION TO CONSIDER OVERALL PROJECT COSTS
703		-	, THE IMPACT OF A
704		-	PROJECT ON UTILITY CUSTOMERS
705		-	, OR THE IMPACT OF PROJECT COST ON
706		-	UTILITY RATES
707		-	.
708		-	SECTION 2. In Colorado Revised Statutes, 24-38.5-118, add (11)
709		-	as follows:
710		-	24-38.5-118. Geothermal energy grant program - creation -
711		-	procedures - fund - report - definitions - repeal. (11) Grants awarded
	772	+	OTHING IN THIS SECTION9
	773	+	CONTRAVENES THE STATUTORY AUTHORITY OF THE PUBLIC UTILITIES10
	774	+	COMMISSION TO CONSIDER OVERALL PROJECT COSTS , THE IMPACT OF A11
	775	+	PROJECT ON UTILITY CUSTOMERS , OR THE IMPACT OF PROJECT COST ON12
	776	+	UTILITY RATES.13
	777	+	SECTION 2. In Colorado Revised Statutes, 24-38.5-118, add14
	778	+	(11) as follows:15
	779	+	24-38.5-118. Geothermal energy grant program - creation -16
	780	+	procedures - fund - report - definitions - repeal. (11) Grants awarded17
712	781		to energy sector public works projects - requirements. A
713		-	NY PROJECT
714		-	THAT IS FUNDED IN WHOLE OR IN PART BY A GRANT AWARDED PURSUANT TO
715		-	THIS SECTION AND THAT IS AN ENERGY SECTOR PUBLIC WORKS PROJECT
716		-	, AS
717		-	DEFINED IN SECTION
718		-	24-92-303 (5), MUST COMPLY WITH THE APPLICABLE
719		-	REQUIREMENTS OF THE
720		-	"COLORADO ENERGY SECTOR PUBLIC WORKS
721		-	PAGE 14-SENATE BILL 23-292 PROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF THIS
722		-	TITLE
723		-	24.
724		-	SECTION 3. In Colorado Revised Statutes, 24-92-115, add (7) as
725		-	follows:
726		-	24-92-115. Apprenticeship utilization requirements -
727		-	mechanical, electrical, and plumbing contracts - public projects -
	782	+	NY PROJECT18
	783	+	THAT IS FUNDED IN WHOLE OR IN PART BY A GRANT AWARDED PURSUANT19
	784	+	TO THIS SECTION AND THAT IS AN ENERGY SECTOR PUBLIC WORKS PROJECT ,20
	785	+	AS DEFINED IN SECTION 24-92-303 (5), MUST COMPLY WITH THE21
	786	+	APPLICABLE REQUIREMENTS OF THE "COLORADO ENERGY SECTOR PUBLIC22
	787	+	W
	788	+	ORKS PROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE23
	789	+	92
	790	+	OF THIS TITLE 24.24
	791	+	SECTION 3. In Colorado Revised Statutes, 24-92-115, add (7)25
	792	+	as follows:26
	793	+	24-92-115. Apprenticeship utilization requirements -27
	794	+	292
	795	+	-21- mechanical, electrical, and plumbing contracts - public projects -1
728	796		definition. (7) (a) F
729		-	OR AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS
730		-	DEFINED IN SECTION
731		-	24-92-303 (5), THE GENERAL CONTRACTOR OR OTHER
732		-	FIRM TO WHICH THE CONTRACT IS AWARDED SHALL
733		-	:
	797	+	OR AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS2
	798	+	DEFINED IN SECTION 24-92-303 (5),
	799	+	THE GENERAL CONTRACTOR OR3
	800	+	OTHER FIRM TO WHICH THE CONTRACT IS AWARDED SHALL :4
734	801		(I) I
735		-	DENTIFY, AT THE TIME THEY ARE PUT UNDER CONTRACT , ALL
736		-	CONTRACTORS OR SUBCONTRACTORS REQUIRED FOR THE PROJECT
737		-	, OTHER
738		-	THAN THOSE USED FOR ALL MECHANICAL
739		-	, SHEET METAL, FIRE SUPPRESSION,
740		-	SPRINKLER FITTING, ELECTRICAL, PLUMBING WORK, AND CONSTRUCTION
741		-	CRAFT LABOR
742		-	; AND
743		-	(II) CERTIFY THAT ALL CONTRACTORS OR SUBCONTRACTORS
744		-	IDENTIFIED PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS
745		-	REGISTERED WITH THE
746		-	UNITED STATES DEPARTMENT OF LABOR 'S
747		-	EMPLOYMENT AND TRAINING ADMINISTRATION OR STATE APPRENTICESHIP
748		-	AGENCIES RECOGNIZED BY THE
749		-	UNITED STATES DEPARTMENT OF LABOR 'S
750		-	EMPLOYMENT AND TRAINING ADMINISTRATION AND HAVE A PROVEN RECORD
751		-	OF GRADUATING APPRENTICES FOR AT LEAST THREE OF THE PAST FIVE
752		-	YEARS
753		-	.
	802	+	DENTIFY, AT THE TIME THEY ARE PUT UNDER CONTRACT , ALL5
	803	+	CONTRACTORS OR SUBCONTRACTORS REQUIRED FOR THE PROJECT , OTHER6
	804	+	THAN THOSE USED FOR ALL MECHANICAL , SHEET METAL, FIRE7
	805	+	SUPPRESSION, SPRINKLER FITTING, ELECTRICAL, PLUMBING WORK, AND8
	806	+	CONSTRUCTION CRAFT LABOR ; AND9
	807	+	(II) C
	808	+	ERTIFY THAT ALL CONTRACTORS OR SUBCONTRACTORS10
	809	+	IDENTIFIED PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS11
	810	+	REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR 'S12
	811	+	EMPLOYMENT AND TRAINING ADMINISTRATION OR STATE APPRENTICESHIP13
	812	+	AGENCIES
	813	+	RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR'S14
	814	+	EMPLOYMENT AND TRAINING ADMINISTRATION AND HAVE A PROVEN15
	815	+	RECORD OF GRADUATING APPRENTICES FOR AT LEAST THREE OF THE PAST16
	816	+	FIVE YEARS.17
754	817		(b) S
755		-	UBSECTIONS (1)(a) TO (1)(c) OF THIS SECTION APPLY TO
756		-	MECHANICAL
757		-	, ELECTRICAL, AND PLUMBING CONTRACTORS AND
758		-	SUBCONTRACTORS SUBJECT TO THIS SUBSECTION
759		-	(7).
	818	+	UBSECTIONS (1)(a) TO (1)(c) OF THIS SECTION APPLY TO18
	819	+	MECHANICAL, ELECTRICAL, AND PLUMBING CONTRACTORS AND19
	820	+	SUBCONTRACTORS SUBJECT TO THIS SUBSECTION (7).20
760	821		(c) C
761		-	ONTRACTORS AND SUBCONTRACTORS THAT ARE SUBJECT TO
762		-	THE REQUIREMENTS OF THIS SUBSECTION
763		-	(7) AND THAT PROVIDE
764		-	CONSTRUCTION CRAFT LABOR MUST CERTIFY THAT ALL FIRMS IDENTIFIED
765		-	PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS THAT ARE
766		-	REGISTERED WITH THE
767		-	UNITED STATES DEPARTMENT OF LABOR 'S
768		-	EMPLOYMENT AND TRAINING ADMINISTRATION OR A STATE APPRENTICESHIP
769		-	AGENCY RECOGNIZED BY THE
770		-	UNITED STATES DEPARTMENT OF LABOR 'S
771		-	EMPLOYMENT AND TRAINING ADMINISTRATION AND THAT
772		-	:
773		-	PAGE 15-SENATE BILL 23-292 (I) SATISFY TO THE GRADUATION REQUIREMENTS OF SUBSECTIONS
774		-	(1)(a)(II)(A) TO (1)(a)(II)(C) OF THIS SECTION AT THE TIME THE CONTRACT
775		-	OR SUBCONTRACT WAS EXECUTED
776		-	; AND
777		-	(II) PROVIDE DOCUMENTATION REQUIRED IN SUBSECTION (1)(a)(III)
778		-	OF THIS SECTION.
	822	+	ONTRACTORS AND SUBCONTRACTORS THAT ARE SUBJECT TO21
	823	+	THE REQUIREMENTS OF THIS SUBSECTION (7) AND THAT PROVIDE22
	824	+	CONSTRUCTION CRAFT LABOR MUST CERTIFY THAT ALL FIRMS IDENTIFIED23
	825	+	PARTICIPATE IN APPRENTICESHIP TRAINING PROGRAMS THAT ARE24
	826	+	REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR 'S25
	827	+	EMPLOYMENT AND TRAINING ADMINISTRATION OR A STATE26
	828	+	APPRENTICESHIP AGENCY
	829	+	RECOGNIZED BY THE UNITED STATES27
	830	+	292
	831	+	-22- DEPARTMENT OF LABOR'S EMPLOYMENT AND TRAINING ADMINISTRATION1
	832	+	AND THAT:2
	833	+	(I) S
	834	+	ATISFY
	835	+	TO THE GRADUATION REQUIREMENTS OF SUBSECTIONS3
	836	+	(1)(a)(II)(A)
	837	+	TO(1)(a)(II)(C) OF THIS SECTION AT THE TIME THE CONTRACT
	838	+	4
	839	+	OR SUBCONTRACT WAS EXECUTED ; AND5
	840	+	(II) P
	841	+	ROVIDE DOCUMENTATION REQUIRED IN SUBSECTION6
	842	+	(1)(a)(III)
	843	+	OF THIS SECTION.7
779	844		(d) U
780		-	PON EVALUATION OF THE SUBMITTED BIDS , A PUBLIC UTILITY,
781		-	INDEPENDENT POWER PRODUCER , OR COOPERATIVE ELECTRIC ASSOCIATION
782		-	MAY WAIVE THE REQUIREMENTS OF THIS SECTION IF IT DETERMINES THAT
783		-	THERE IS SUBSTANTIAL EVIDENCE THAT THERE ARE NO RESPONSIVE ELIGIBLE
784		-	CONTRACTORS OR SUBCONTRACTORS FOR ANY TRADES AVAILABLE TO
785		-	FULFILL THE APPRENTICESHIP REQUIREMENTS FOR ONE OR MORE OF THE
786		-	TRADES SUBJECT TO THIS SECTION
787		-	. ANY PARTY EXERCISING A WAIVER
788		-	PURSUANT TO THIS SUBSECTION
789		-	(7)(d) SHALL DISCLOSE THE WAIVER ON A
790		-	PUBLICLY ACCESSIBLE WEBSITE
791		-	, INCLUDING THE CONTRACTOR OR
792		-	SUBCONTRACTOR TO WHICH THE WAIVER APPLIES AND THE SPECIFIC
793		-	RATIONALE FOR THE WAIVER
794		-	.
	845	+	PON EVALUATION OF THE SUBMITTED BIDS, A PUBLIC UTILITY,8
	846	+	INDEPENDENT POWER PRODUCER , OR COOPERATIVE ELECTRIC9
	847	+	ASSOCIATION MAY WAIVE THE REQUIREMENTS OF THIS SECTION IF IT10
	848	+	DETERMINES THAT THERE IS SUBSTANTIAL EVIDENCE THAT THERE ARE NO11
	849	+	RESPONSIVE ELIGIBLE CONTRACTORS OR SUBCONTRACTORS FOR ANY12
	850	+	TRADES AVAILABLE TO FULFILL THE APPRENTICESHIP REQUIREMENTS FOR13
	851	+	ONE OR MORE OF THE TRADES SUBJECT TO THIS SECTION . ANY PARTY14
	852	+	EXERCISING A WAIVER PURSUANT TO THIS SUBSECTION (7)(d) SHALL15
	853	+	DISCLOSE THE WAIVER ON A PUBLICLY ACCESSIBLE WEBSITE , INCLUDING16
	854	+	THE CONTRACTOR OR SUBCONTRACTOR TO WHICH THE WAIVER APPLIES17
	855	+	AND THE SPECIFIC RATIONALE FOR THE WAIVER .18
795	856		(e) I
796		-	N THE EVENT OF AN EXTREME WEATHER EVENT , A WILDFIRE, OR
797		-	AN EMERGENCY DECLARED BY THE STATE OF
798		-	COLORADO OR THE FEDERAL
799		-	GOVERNMENT
800		-	, A PUBLIC UTILITY OR COOPERATIVE ELECTRIC ASSOCIATION
801		-	MAY WAIVE THE REQUIREMENTS OF THIS SUBSECTION
802		-	(7) WHEN PERFORMING
803		-	REPAIR WORK TO RESTORE ELECTRIC SERVICE TO CUSTOMERS OR
804		-	ASSOCIATION MEMBERS WHEN IT CAN REASONABLY DEMONSTRATE THAT
805		-	:
	857	+	N THE EVENT OF AN EXTREME WEATHER EVENT , A WILDFIRE,19
	858	+	OR AN EMERGENCY DECLARED BY THE STATE OF COLORADO OR THE20
	859	+	FEDERAL GOVERNMENT , A PUBLIC UTILITY OR COOPERATIVE ELECTRIC21
	860	+	ASSOCIATION MAY WAIVE THE REQUIREMENTS OF THIS SUBSECTION (7)22
	861	+	WHEN PERFORMING REPAIR WORK TO RESTORE ELECTRIC SERVICE TO23
	862	+	CUSTOMERS OR ASSOCIATION MEMBERS WHEN IT CAN REASONABLY24
	863	+	DEMONSTRATE THAT:25
806	864		(I) T
807		-	HE CAPACITY NEEDED TO RESTORE POWER EXCEEDS ~~THE PUBLIC~~
808		-	UTILITY
809		-	~~'S OR COOPERATIVE ELECTRIC ASSOCIATION 'S AVAILABLE CAPACITY~~
810		-	FOR EMERGENCY REPAIRS THROUGH ITS EMPLOYEES
811		-	, ~~STANDBY CONTRACTOR~~
812		-	~~CAPACITY~~
813		-	~~, OR APPLICABLE MUTUAL AID AGREEMENTS ; AND~~
814		-	(II) ~~A GOOD FAITH EFFORT TO IDENTIFY CONTRACTORS AND~~
815		-	SUBCONTRACTORS ~~THAT CAN COMPLY WITH THIS SUBSECTION~~
816		-	~~(7) WAS MADE~~
817		-	~~AND NO ELIGIBLE CONTRACTORS OR SUBCONTRACTORS WERE AVAILABLE~~
818		-	~~FOR THE TIME FRAME FOR WHICH THE EMERGENCY CAPACITY WAS NEEDED~~
819		-	.
820		-	~~SECTION 4. In Colorado Revised Statutes,~~ 40-2-123~~, add (5) as~~
821		-	~~follows:~~
822		-	~~40-2-123. Energy technologies - consideration by commission -~~
823		-	~~PAGE 16-SENATE~~ ~~BILL 23-292~~ ~~incentives - demonstration projects - definitions - repeal. (5) A NY~~
824		-	PROJECT ~~APPROVED PURSUANT TO THIS~~ SECTION ~~THAT IS AN ENERGY SECTOR~~
825		-	~~PUBLIC WORKS PROJECT~~
826		-	~~, AS DEFINED IN SECTION 24-92-303 (5), MUST~~
827		-	~~COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE~~
828		-	~~"COLORADO ENERGY~~
829		-	~~SECTOR PUBLIC WORKS PROJECT CRAFT LABOR REQUIREMENTS ACT~~", PART
830		-	3 ~~OF ARTICLE 92 OF TITLE 24~~.
831		-	~~SECTION 5. In Colorado Revised Statutes, 40-2-127, add (3.7) as~~
832		-	~~follows:~~
833		-	~~40-2-127. Community energy funds - community solar gardens~~
834		-	~~- definitions - rules - legislative declaration - repeal.~~ (3.7) Energy sector
835		-	~~public works projects.~~ I
836		-	~~F THE DEVELOPMENT OF A~~ COMMUNITY SOLAR
837		-	~~GARDEN IS AN ENERGY SECTOR PUBLIC WORKS~~ PROJECT
838		-	~~, AS DEFINED IN~~
839		-	~~SECTION~~
840		-	~~24-92-303 (5), THEN THE~~ PROJECT ~~MUST COMPLY WITH THE~~
841		-	~~APPLICABLE REQUIREMENTS OF THE~~
842		-	"~~COLORADO ENERGY SECTOR PUBLIC~~
843		-	~~WORKS PROJECT CRAFT LABOR REQUIREMENTS ACT"~~, ~~PART 3 OF ARTICLE~~
844		-	~~92 OF TITLE 24.~~
845		-	~~SECTION~~ 6~~. In Colorado Revised Statutes, 40-2-129, amend~~
846		-	~~(1)(a); repeal (4); and add (5) and (6) as follows:~~
847		-	~~40-2-129. New resource acquisitions - factors in determination~~
848		-	~~- local employment - "best~~ ~~value" employment metrics - performance~~
849		-	~~audit. (1) (~~a~~) (I) When evaluating electric resource acquisitions~~ and
850		-	~~requests for a certificate~~ of ~~convenience and necessity for construction or~~
851		-	~~expansion~~ of ~~generating facilities, including but not limited to pollution~~
852		-	~~control or fuel conversion upgrades and conversion of existing coal-fired~~
853		-	~~plants to natural gas plants, the commission shall consider,~~ in ~~all decisions~~
854		-	~~involved~~ in ~~electric resource acquisition processes, best value regarding~~
855		-	~~employment of Colorado labor, as defined in section 8-17-101~~ (2)(a), and
856		-	~~positive impacts on~~ the ~~long-term economic viability of Colorado~~
857		-	~~communities.~~ To ~~this end,~~ the commission ~~shall require utilities to obtain~~
858		-	~~and provide to the commission the following information~~ regarding "best
859		-	~~value" employment metrics:~~
860		-	~~(A)~~ The ~~availability of training programs, including training through~~
861		-	~~apprenticeship programs registered with the United States~~ department of
862		-	~~labor's~~ office ~~of apprenticeship or by state apprenticeship councils~~
863		-	~~AGENCIES recognized by that office FOR ALL APPRENTICEABLE TRADES~~
864		-	~~PAGE 17-SENATE BILL 23-292 REQUIRED TO EFFECTIVELY DELIVER THE PROJECT TO~~ COMPLETION ;
865		-	(B) Employment of Colorado labor as compared to importation of
866		-	out-of-state workers;
	865	+	HE CAPACITY NEEDED TO RESTORE POWER EXCEEDS THE26
	866	+	PUBLIC UTILITY'S OR COOPERATIVE ELECTRIC ASSOCIATION 'S AVAILABLE27
	867	+	292
	868	+	-23- CAPACITY FOR EMERGENCY REPAIRS THROUGH ITS EMPLOYEES , STANDBY1
	869	+	CONTRACTOR CAPACITY, OR APPLICABLE MUTUAL AID AGREEMENTS ; AND 2
	870	+	(II) A
	871	+	GOOD FAITH EFFORT TO IDENTIFY CONTRACTORS AND3
	872	+	SUBCONTRACTORS THAT CAN COMPLY WITH THIS SUBSECTION (7) WAS4
	873	+	MADE AND NO ELIGIBLE CONTRACTORS OR SUBCONTRACTORS WERE5
	874	+	AVAILABLE FOR THE TIME FRAME FOR WHICH THE EMERGENCY CAPACITY6
	875	+	WAS NEEDED.7
	876	+	SECTION 4. In Colorado Revised Statutes, 40-2-123, add (5) as8
	877	+	follows:9
	878	+	40-2-123. Energy technologies - consideration by commission10
	879	+	- incentives - demonstration projects - definitions - repeal. (5) A
	880	+	NY11
	881	+	PROJECT APPROVED PURSUANT TO THIS SECTION THAT IS AN ENERGY12
	882	+	SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION 24-92-303 (5),13
	883	+	MUST COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE "COLORADO14
	884	+	E
	885	+	NERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR REQUIREMENTS15
	886	+	A
	887	+	CT", PART 3 OF ARTICLE 92 OF TITLE 24.16
	888	+	SECTION 5. In Colorado Revised Statutes, 40-2-127, add (3.7)17
	889	+	as follows:18
	890	+	40-2-127. Community energy funds - community solar19
	891	+	gardens - definitions - rules - legislative declaration - repeal.20
	892	+	(3.7) Energy sector public works projects. I
	893	+	F THE DEVELOPMENT OF A21
	894	+	COMMUNITY SOLAR GARDEN IS AN ENERGY SECTOR PUBLIC WORKS22
	895	+	PROJECT, AS DEFINED IN SECTION 24-92-303 (5), THEN THE PROJECT MUST23
	896	+	COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE "COLORADO24
	897	+	E
	898	+	NERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR REQUIREMENTS25
	899	+	A
	900	+	CT", PART 3 OF ARTICLE 92 OF TITLE 24.26
	901	+	SECTION 6. In Colorado Revised Statutes, 40-2-129, amend27
	902	+	292
	903	+	-24- (1)(a); repeal (4); and add (5) and (6) as follows:1
	904	+	40-2-129. New resource acquisitions - factors in determination2
	905	+	- local employment - "best value" employment metrics - performance3
	906	+	audit. (1) (a) (I) When evaluating electric resource acquisitions and4
	907	+	requests for a certificate of convenience and necessity for construction or5
	908	+	expansion of generating facilities, including but not limited to pollution6
	909	+	control or fuel conversion upgrades and conversion of existing coal-fired7
	910	+	plants to natural gas plants, the commission shall consider, in all8
	911	+	decisions involved in electric resource acquisition processes, best value9
	912	+	regarding employment of Colorado labor, as defined in section 8-17-10110
	913	+	(2)(a), and positive impacts on the long-term economic viability of11
	914	+	Colorado communities. To this end, the commission shall require utilities12
	915	+	to obtain and provide to the commission the following information13
	916	+	regarding "best value" employment metrics:14
	917	+	(A) The availability of training programs, including training15
	918	+	through apprenticeship programs registered with the United States16
	919	+	department of labor's office of apprenticeship or by state apprenticeship17
	920	+	councils AGENCIES recognized by that office FOR ALL APPRENTICEABLE18
	921	+	TRADES REQUIRED TO EFFECTIVELY DELIVER THE PROJECT TO19
	922	+	COMPLETION;20
	923	+	(B) Employment of Colorado labor as compared to importation of21
	924	+	out-of-state workers;22
867	925		(C) T
868		-	HE ABILITY OF THE PROJECT TO EMPLOY WORKERS FROM
869		-	TRADITIONALLY UNDERSERVED COMMUNITIES OR DISPROPORTIONATELY
870		-	IMPACTED COMMUNITIES AS DEFINED IN SECTION
871		-	24-4-109 (2)(b)(II);
	926	+	HE ABILITY OF THE PROJECT TO EMPLOY WORKERS FROM23
	927	+	TRADITIONALLY UNDERSERVED COMMUNITIES OR DISPROPORTIONATELY24
	928	+	IMPACTED COMMUNITIES AS DEFINED IN SECTION 24-4-109 (2)(b)(II);25
872	929		(D) H
873		-	OW THE PROJECT SUPPORTS DOMESTIC MANUFACTURING
874		-	THROUGH THE UTILIZATION OF
875		-	COLORADO AND DOMESTICALLY PRODUCED
876		-	MATERIALS
877		-	, INCLUDING CONSIDERATION OF THE POTENTIAL FOR
878		-	DOMESTICALLY MANUFACTURED MATERIALS BEING UNAVAILABLE IN THE
879		-	MARKETPLACE
880		-	;
881		-	(E) Long-term career opportunities; and
882		-	(F) Industry-standard wages, health care, and pension benefits.
883		-	(II) When a utility proposes to construct new facilities of its own,
884		-	the utility shall supply similar information to the commission.
885		-	(4) (a) The state auditor shall conduct or cause to be conducted aperformance audit of the commission's implementation of the "best value"
886		-	employment metrics requirements of this section, including review of:
887		-	(I) The projects subject to subsection (1)(a) of this section that have
888		-	been approved in the previous ten years;
889		-	(II) Whether the work done used contractors that met the criteria
890		-	specified in this section;
891		-	(III) Any shortfalls in enforcement capacity or implementation by
892		-	the commission;
893		-	(IV) Current enforcement procedures for investor-owned utilities,
894		-	independent power producers, and wholesale generation and transmission
895		-	electric cooperatives; and
896		-	(V) Whether and how delayed rule-making proceedings have
897		-	PAGE 18-SENATE BILL 23-292 prevented the "best value" employment metrics requirements of this section
898		-	from being implemented.
899		-	(b) The governor's office, the commission, and commission staff
900		-	shall cooperate with stakeholders and the state auditor in conducting the
901		-	audit and making recommendations for reforms of, or potential alternatives
902		-	to, the implementation and enforcement of "best value" employment
903		-	metrics.
904		-	(c) Upon completion of a performance audit, the state auditor shall
905		-	submit a written report to the legislative audit committee, together with any
906		-	findings and recommendations.
907		-	(5) THE COMMISSION SHALL PROMULGATE RULES REQUIRING
908		-	UTILITIES
909		-	, WHEN SUBMITTING ANNUAL PROGRESS REPORTS FOR AN ELECTRIC
910		-	RESOURCE ACQUISITION
911		-	, TO COLLECT AND PROVIDE TO THE COMMISSION
912		-	INFORMATION CONCERNING THE IMPLEMENTATION OF
913		-	"BEST VALUE"
914		-	EMPLOYMENT METRICS , AS DESCRIBED IN SUBSECTION (1)(a) OF THIS
915		-	SECTION
916		-	, WHICH METRICS WERE APPROVED BY THE COMMISSION DURING THE
917		-	ACQUISITION PLANNING PROCESS AND WHICH ACQUISITIONS ARE UNDER
918		-	CONSTRUCTION BY EITHER THE UTILITY OR BY OTHERS
919		-	.
	930	+	OW THE PROJECT SUPPORTS DOMESTIC MANUFACTURING26
	931	+	THROUGH THE UTILIZATION OF COLORADO AND DOMESTICALLY PRODUCED27
	932	+	292
	933	+	-25- MATERIALS, INCLUDING CONSIDERATION OF THE POTENTIAL FOR1
	934	+	DOMESTICALLY MANUFACTURED MATERIALS BEING UNAVAILABLE IN THE2
	935	+	MARKETPLACE;3
	936	+	(E) Long-term career opportunities; and4
	937	+	(F) Industry-standard wages, health care, and pension benefits.5
	938	+	(II) When a utility proposes to construct new facilities of its own,6
	939	+	the utility shall supply similar information to the commission.7
	940	+	(4) (a) The state auditor shall conduct or cause to be conducted a8
	941	+	performance audit of the commission's implementation of the "best value"9
	942	+	employment metrics requirements of this section, including review of:10
	943	+	(I) The projects subject to subsection (1)(a) of this section that11
	944	+	have been approved in the previous ten years;12
	945	+	(II) Whether the work done used contractors that met the criteria13
	946	+	specified in this section;14
	947	+	(III) Any shortfalls in enforcement capacity or implementation by15
	948	+	the commission;16
	949	+	(IV) Current enforcement procedures for investor-owned utilities,17
	950	+	independent power producers, and wholesale generation and transmission18
	951	+	electric cooperatives; and19
	952	+	(V) Whether and how delayed rule-making proceedings have20
	953	+	prevented the "best value" employment metrics requirements of this21
	954	+	section from being implemented.22
	955	+	(b) The governor's office, the commission, and commission staff23
	956	+	shall cooperate with stakeholders and the state auditor in conducting the24
	957	+	audit and making recommendations for reforms of, or potential25
	958	+	alternatives to, the implementation and enforcement of "best value"26
	959	+	employment metrics.27
	960	+	292
	961	+	-26- (c) Upon completion of a performance audit, the state auditor shall1
	962	+	submit a written report to the legislative audit committee, together with2
	963	+	any findings and recommendations.3
	964	+	(5) T
	965	+	HE COMMISSION SHALL PROMULGATE RULES REQUIRING4
	966	+	UTILITIES, WHEN SUBMITTING ANNUAL PROGRESS REPORTS FOR AN5
	967	+	ELECTRIC RESOURCE ACQUISITION , TO COLLECT AND PROVIDE TO THE6
	968	+	COMMISSION INFORMATION CONCERNING THE IMPLEMENTATION OF "BEST7
	969	+	VALUE" EMPLOYMENT METRICS, AS DESCRIBED IN SUBSECTION (1)(a) OF8
	970	+	THIS SECTION, WHICH METRICS WERE APPROVED BY THE COMMISSION9
	971	+	DURING THE ACQUISITION PLANNING PROCESS AND WHICH ACQUISITIONS10
	972	+	ARE UNDER CONSTRUCTION BY EITHER THE UTILITY OR BY OTHERS .11
920	973		(6) (a) O
921		-	N OR BEFORE DECEMBER 31, 2024, AND ON OR BEFORE
922		-	DECEMBER 31 OF EACH YEAR THEREAFTER, THE COMMISSION SHALL SUBMIT
923		-	A REPORT TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF
924		-	REPRESENTATIVES AND THE TRANSPORTATION AND ENERGY COMMITTEE OF
925		-	THE SENATE
926		-	, OR ANY SUCCESSOR COMMITTEES . THE REPORT MUST
927		-	SUMMARIZE THE INFORMATION CONCERNING
928		-	"BEST VALUE" EMPLOYMENT
929		-	METRICS THAT IS REPORTED TO THE COMMISSION BY UTILITIES PURSUANT TO
930		-	SUBSECTIONS
931		-	(1)(a) AND (5) OF THIS SECTION AND INDICATE THE MANNER
932		-	IN WHICH THE COMMISSION CONSIDERED THE INFORMATION
933		-	.
	974	+	N OR BEFORE DECEMBER 31, 2024, AND ON OR BEFORE12
	975	+	D
	976	+	ECEMBER 31 OF EACH YEAR THEREAFTER , THE COMMISSION SHALL13
	977	+	SUBMIT A REPORT TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE14
	978	+	HOUSE OF REPRESENTATIVES AND THE TRANSPORTATION AND ENERGY15
	979	+	COMMITTEE OF THE SENATE , OR ANY SUCCESSOR COMMITTEES . THE16
	980	+	REPORT MUST SUMMARIZE THE INFORMATION CONCERNING "BEST VALUE"17
	981	+	EMPLOYMENT METRICS THAT IS REPORTED TO THE COMMISSION BY18
	982	+	UTILITIES PURSUANT TO SUBSECTIONS (1)(a) AND (5) OF THIS SECTION AND19
	983	+	INDICATE THE MANNER IN WHICH THE COMMISSION CONSIDERED THE20
	984	+	INFORMATION.21
934	985		(b) N
935		-	OTWITHSTANDING THE LIMITATION DESCRIBED IN SECTION
936		-	24-1-136 (11)(a)(I), THE REPORTING REQUIREMENT DESCRIBED IN
937		-	SUBSECTION
938		-	(6)(a) OF THIS SECTION CONTINUES IN PERPETUITY.
939		-	SECTION 7. In Colorado Revised Statutes, 40-3.2-105.5, add (5),
940		-	(6), and (7) as follows:
941		-	40-3.2-105.5. Labor standards for gas DSM projects. (5) (a) F
942		-	OR
943		-	PAGE 19-SENATE BILL 23-292 A PLUMBING, MECHANICAL, OR ELECTRICAL PROJECT IN A NEW OR EXISTING
944		-	INDUSTRIAL
945		-	, COMMERCIAL, OR MULTIFAMILY RESIDENTIAL BUILDING THAT
946		-	CONTAINS TWENTY THOUSAND SQUARE FEET OR MORE OF CONDITIONED
947		-	FLOOR SPACE AND FOR WHICH A REBATE IS TO BE PROVIDED DIRECTLY TO
948		-	THE BUILDING OWNER AS PART OF A GAS
949		-	DSM PROGRAM, A UTILITY SHALL
950		-	NOT ISSUE ANY REBATES OR INCENTIVES UNLESS THE LEAD GENERAL
951		-	CONTRACTOR PERFORMING THE WORK FOR THE PROJECT SIGNS A NOTARIZED
952		-	AFFIDAVIT UNDER PENALTY OF PERJURY STATING THAT ALL OF THE
953		-	REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND PROVIDES THE SIGNED
954		-	AFFIDAVIT TO THE SPONSORING UTILITY
955		-	. THE AFFIDAVIT MUST:
	986	+	OTWITHSTANDING THE LIMITATION DESCRIBED IN SECTION22
	987	+	24-1-136 (11)(a)(I),
	988	+	THE REPORTING REQUIREMENT DESCRIBED IN23
	989	+	SUBSECTION (6)(a) OF THIS SECTION CONTINUES IN PERPETUITY.24
	990	+	SECTION 7. In Colorado Revised Statutes, 40-3.2-105.5, add25
	991	+	(5), (6), and (7) as follows:26
	992	+	40-3.2-105.5. Labor standards for gas DSM projects.27
	993	+	292
	994	+	-27- (5) (a) FOR A PLUMBING, MECHANICAL, OR ELECTRICAL PROJECT IN A NEW1
	995	+	OR EXISTING INDUSTRIAL, COMMERCIAL, OR MULTIFAMILY RESIDENTIAL2
	996	+	BUILDING THAT CONTAINS TWENTY THOUSAND SQUARE FEET OR MORE OF3
	997	+	CONDITIONED FLOOR SPACE AND FOR WHICH A REBATE IS TO BE PROVIDED4
	998	+	DIRECTLY TO THE BUILDING OWNER AS PART OF A GAS DSM PROGRAM, A5
	999	+	UTILITY SHALL NOT ISSUE ANY REBATES OR INCENTIVES UNLESS THE LEAD6
	1000	+	GENERAL CONTRACTOR PERFORMING THE WORK FOR THE PROJECT SIGNS7
	1001	+	A NOTARIZED AFFIDAVIT UNDER PENALTY OF PERJURY STATING THAT ALL8
	1002	+	OF THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND PROVIDES9
	1003	+	THE SIGNED AFFIDAVIT TO THE SPONSORING UTILITY . THE AFFIDAVIT10
	1004	+	MUST:11
956	1005		(I) I
957		-	DENTIFY THE CONTRACTORS OR SUBCONTRACTORS THAT WILL BE
958		-	USED FOR ALL MECHANICAL
959		-	, SHEET METAL, FIRE SUPPRESSION, SPRINKLER
960		-	FITTING
961		-	, ELECTRICAL, AND PLUMBING WORK, REQUIRED ON THE PROJECT;
	1006	+	DENTIFY THE CONTRACTORS OR SUBCONTRACTORS THAT WILL12
	1007	+	BE USED FOR ALL MECHANICAL , SHEET METAL, FIRE SUPPRESSION,13
	1008	+	SPRINKLER FITTING, ELECTRICAL, AND PLUMBING WORK, REQUIRED ON THE14
	1009	+	PROJECT;15
962	1010		(II) C
963		-	ERTIFY THAT ALL FIRMS IDENTIFIED PARTICIPATE IN
964		-	APPRENTICESHIP PROGRAMS REGISTERED WITH THE
965		-	UNITED STATES
966		-	DEPARTMENT OF LABOR
967		-	'S EMPLOYMENT AND TRAINING ADMINISTRATION OR
968		-	STATE APPRENTICESHIP
969		-	AGENCIES RECOGNIZED BY THE UNITED STATES
970		-	DEPARTMENT OF LABOR AND HAVE A PROVEN RECORD OF GRADUATING
971		-	APPRENTICES AS FOLLOWS
972		-	:
	1011	+	ERTIFY THAT ALL FIRMS IDENTIFIED PARTICIPATE IN16
	1012	+	APPRENTICESHIP PROGRAMS REGISTERED WITH THE UNITED STATES17
	1013	+	DEPARTMENT OF LABOR'S EMPLOYMENT AND TRAINING ADMINISTRATION18
	1014	+	OR STATE APPRENTICESHIP AGENCIES
	1015	+	RECOGNIZED BY THE UNITED STATES19
	1016	+	DEPARTMENT OF LABOR AND HAVE A PROVEN RECORD OF GRADUATING20
	1017	+	APPRENTICES AS FOLLOWS:21
973	1018		(A) B
974		-	EGINNING JULY 1, 2021, THROUGH JUNE 30, 2026, A MINIMUM
975		-	OF FIFTEEN PERCENT OF ITS APPRENTICES FOR AT LEAST THREE OF THE PAST
976		-	FIVE YEARS
977		-	;
	1019	+	EGINNING JULY 1, 2021, THROUGH JUNE 30, 2026, A22
	1020	+	MINIMUM OF FIFTEEN PERCENT OF ITS APPRENTICES FOR AT LEAST THREE23
	1021	+	OF THE PAST FIVE YEARS;24
978	1022		(B) B
979		-	EGINNING JULY 1, 2026, THROUGH JUNE 30, 2031, ~~A MINIMUM~~
980		-	OF TWENTY PERCENT OF APPRENTICES FOR AT LEAST THREE ~~OF THE PAST FIVE~~
981		-	YEARS
982		-	~~; AND~~
983		-	(C) BEGINNING JULY 1, 2031, AND EACH YEAR THEREAFTER , A
984		-	MINIMUM OF THIRTY PERCENT OF APPRENTICES FOR AT LEAST THREE ~~OF THE~~
985		-	PAST FIVE YEARS
986		-	~~; AND~~
987		-	~~(III) SUPPLY~~ SUPPORTING DOCUMENTATION FROM THE ~~UNITED~~
988		-	~~STATES DEPARTMENT OF LABOR '~~S ~~OFFICE OF APPRENTICESHIP OR STATE~~
989		-	APPRENTICESHIP ~~AGENCY VERIFYING THE INFORMATION PROVIDED IN THE~~
990		-	~~CERTIFICATION SPECIFIED~~ IN ~~SUBSECTION~~
991		-	(1)(a)(II) OF THIS SECTION.
	1023	+	EGINNING JULY 1, 2026, THROUGH JUNE 30, 2031, A25
	1024	+	MINIMUM OF TWENTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF26
	1025	+	THE PAST FIVE YEARS; AND27
	1026	+	292
	1027	+	-28- (C) BEGINNING JULY 1, 2031, AND EACH YEAR THEREAFTER , A1
	1028	+	MINIMUM OF THIRTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF2
	1029	+	THE PAST FIVE YEARS; AND3
	1030	+	(III) S
	1031	+	UPPLY SUPPORTING DOCUMENTATION FROM THE UNITED4
	1032	+	S
	1033	+	TATES DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP OR STATE5
	1034	+	APPRENTICESHIP AGENCY VERIFYING THE INFORMATION PROVIDED IN THE6
	1035	+	CERTIFICATION SPECIFIED IN SUBSECTION (1)(a)(II) OF THIS SECTION.7
992	1036		(b) T
993		-	HE UTILITY MUST MAINTAIN A DATABASE OF THE INFORMATION
994		-	PAGE 20-SENATE BILL 23-292 CONTAINED IN THE AFFIDAVIT FOR EACH PROJECT AWARDED A REBATE OR
995		-	INCENTIVE
996		-	.
	1037	+	HE UTILITY MUST MAINTAIN A DATABASE OF THE8
	1038	+	INFORMATION CONTAINED IN THE AFFIDAVIT FOR EACH PROJECT AWARDED9
	1039	+	A REBATE OR INCENTIVE.10
997	1040		(c) T
998		-	HIS SUBSECTION (5) DOES NOT APPLY TO A GAS DSM PROGRAM
999		-	THAT IS LIMITED TO IN
1000		-	-UNIT WORK IN A MULTIFAMILY BUILDING , AS
1001		-	UNDERTAKEN BY THE OWNER OR TE NANT OF THE MULTIFAMILY BUILDING OR
1002		-	UNIT
1003		-	.
	1041	+	HIS SUBSECTION (5) DOES NOT APPLY TO A GAS DSM
	1042	+	11
	1043	+	PROGRAM THAT IS LIMITED TO IN-UNIT WORK IN A MULTIFAMILY BUILDING,12
	1044	+	AS UNDERTAKEN BY THE OWNER OR TENANT OF THE MULTIFAMILY13
	1045	+	BUILDING OR UNIT.14
1004	1046		(6) (a) T
1005		-	O ENSURE COMPLIANCE WITH THE REQUIREMENTS OF
1006		-	SUBSECTION
1007		-	(5) OF THIS SECTION, THE GENERAL CONTRACTOR OR OTHER
1008		-	FIRM TO WHICH THE CONTRACT IS AWARDED MUST AGREE TO PROVIDE
1009		-	ADDITIONAL DOCUMENTATION TO THE PARTICIPATING UTILITY OFFERING THE
1010		-	REBATE OR INCENTIVE REGARDING THE REQUIREMENTS FOR AFFECTED
1011		-	APPRENTICESHIP TRAINING PROGRAMS SPECIFIED IN SUBSECTION
1012		-	(5)(a) OF
1013		-	THIS SECTION
1014		-	.
	1047	+	O ENSURE COMPLIANCE WITH THE REQUIREMENTS OF15
	1048	+	SUBSECTION (5) OF THIS SECTION, THE GENERAL CONTRACTOR OR OTHER16
	1049	+	FIRM TO WHICH THE CONTRACT IS AWARDED MUST AGREE TO PROVIDE17
	1050	+	ADDITIONAL DOCUMENTATION TO THE PARTICIPATING UTILITY OFFERING18
	1051	+	THE REBATE OR INCENTIVE REGARDING THE REQUIREMENTS FOR AFFECTED19
	1052	+	APPRENTICESHIP TRAINING PROGRAMS SPECIFIED IN SUBSECTION (5)(a) OF20
	1053	+	THIS SECTION.21
1015	1054		(b) I
1016		-	F THE UTILITY OFFERING THE REBATE OR INCENTIVE DETERMINES
1017		-	THAT A MECHANICAL
1018		-	, ELECTRICAL, OR PLUMBING SUBCONTRACTOR HAS
1019		-	WILLFULLY FALSIFIED DOCUMENTATION OR WILLFULLY MISREPRESENTED
1020		-	THEIR QUALIFICATIONS AS REQUIRED TO COMPLY WITH THIS SECTION IN THE
1021		-	CONTRACT
1022		-	, THE UTILITY SHALL DIRECT THE CONTRACTOR TO TERMINATE
1023		-	THE SUBCONTRACTOR CONTRACT IMMEDIATELY AND THE SUBCONTRACTOR
1024		-	SHALL IMMEDIATELY BE REMOVED FROM THE PUBLIC PROJECT
1025		-	. THE UTILITY
1026		-	MAY ALSO DEBAR THE OFFENDING SUBCONTRACTORS FOR FUTURE
1027		-	PARTICIPATION IN REBATES OR INCENTIVE PROGRAMS ESTABLISHED UNDER
1028		-	THIS SECTION
1029		-	.
	1055	+	F THE UTILITY OFFERING THE REBATE OR INCENTIVE22
	1056	+	DETERMINES THAT A MECHANICAL , ELECTRICAL, OR PLUMBING23
	1057	+	SUBCONTRACTOR HAS WILLFULLY FALSIFIED DOCUMENTATION OR24
	1058	+	WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS AS REQUIRED TO25
	1059	+	COMPLY WITH THIS SECTION IN THE CONTRACT, THE UTILITY SHALL DIRECT26
	1060	+	THE CONTRACTOR TO TERMINATE THE SUBCONTRACTOR CONTRACT27
	1061	+	292
	1062	+	-29- IMMEDIATELY AND THE SUBCONTRACTOR SHALL IMMEDIATELY BE1
	1063	+	REMOVED FROM THE PUBLIC PROJECT . THE UTILITY MAY ALSO DEBAR THE2
	1064	+	OFFENDING SUBCONTRACTORS FOR FUTURE PARTICIPATION IN REBATES OR3
	1065	+	INCENTIVE PROGRAMS ESTABLISHED UNDER THIS SECTION .4
1030	1066		(c) I
1031		-	F AFTER ISSUING A REBATE OR INCENTIVE PURSUANT TO THIS
1032		-	SECTION
1033		-	, A UTILITY DETERMINES THAT A CONTRACTOR OR SUBCONTRACTOR
1034		-	HAS WILLFULLY VIOLATED ANY REQUIREMENT OF THIS SECTION
1035		-	, THE UTILITY
1036		-	MAY DEMAND A FULL REFUND OF THE REBATE OR INCENTIVE WITH
1037		-	REASONABLE PENALTIES AND INTEREST AND MAY PURSUE ANY REMEDY
1038		-	PROVIDED BY LAW
1039		-	.
	1067	+	F AFTER ISSUING A REBATE OR INCENTIVE PURSUANT TO THIS5
	1068	+	SECTION, A UTILITY DETERMINES THAT A CONTRACTOR OR6
	1069	+	SUBCONTRACTOR HAS WILLFULLY VIOLATED ANY REQUIREMENT OF THIS7
	1070	+	SECTION, THE UTILITY MAY DEMAND A FULL REF UND OF THE REBATE OR8
	1071	+	INCENTIVE WITH REASONABLE PENALTIES AND INTEREST AND MAY PURSUE9
	1072	+	ANY REMEDY PROVIDED BY LAW .10
1040	1073		(d) A
1041		-	UTILITY MUST MAINTAIN A LIST OF CONTRACTORS ~~AND~~
1042		-	SUBCONTRACTORS THAT HAVE WILLFULLY FALSIFIED DOCUMENTATION OR
1043		-	WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS OR THAT ~~ARE~~
1044		-	DEBARRED FROM RECEIVING FUTURE REBATES OR INCENTIVES AND ~~MAKE~~
1045		-	THAT LIST AVAILABLE TO THEIR CUSTOMERS ON THEIR WEBSITE
1046		-	.
1047		-	~~PAGE 21-SENATE BILL 23-292 (7) (a) THE~~ UTILITY THAT OFFERS THE REBATE OR INCENTIVE
1048		-	~~PURSUANT TO THIS SECTION MUST ESTABLISH PERIODIC AUDITS OF THE~~
1049		-	~~QUALIFYING REBATES THAT REPRESENT THE HIGHEST TWO PERCENT~~ OF
1050		-	REBATES ~~ISSUED BY DOLLAR AMOUNT AT LEAST EVERY THREE YEARS TO~~
1051		-	~~ENSURE THAT THE CONTRACTORS OR SUBCONTRACTORS MAINTAIN~~
1052		-	~~COMPLIANCE WITH THIS SECTION~~
1053		-	.
	1074	+	UTILITY MUST MAINTAIN A LIST OF CONTRACTORS AND11
	1075	+	SUBCONTRACTORS THAT HAVE WILLFULLY FALSIFIED DOCUMENTATION OR12
	1076	+	WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS OR THAT ARE13
	1077	+	DEBARRED FROM RECEIVING FUTURE REBATES OR INCENTIVES AND MAKE14
	1078	+	THAT LIST AVAILABLE TO THEIR CUSTOMERS ON THEIR WEBSITE .15
	1079	+	(7) (a) T
	1080	+	HE UTILITY THAT OFFERS THE REBATE OR INCENTIVE
	1081	+	16
	1082	+	PURSUANT TO THIS SECTION MUST ESTABLISH PERIODIC AUDITS OF THE17
	1083	+	QUALIFYING REBATES THAT REPRESENT THE HIGHEST TWO PERCENT OF18
	1084	+	REBATES ISSUED BY DOLLAR AMOUNT AT LEAST EVERY THREE YEARS TO19
	1085	+	ENSURE THAT THE CONTRACTORS OR SUBCONTRACTORS MAINTAIN20
	1086	+	COMPLIANCE WITH THIS SECTION.21
1054	1087		(b) I
1055		-	F THE AUDIT DETERMINES THAT THERE WERE WILLFUL
1056		-	VIOLATIONS OF THIS SECTION
1057		-	, THE UTILITY MAY DEMAND A FULL REFUND OF
1058		-	THE REBATE OR INCENTIVE WITH REASONABLE PENALTIES AND INTEREST
1059		-	AND MAY PURSUE ANY REMEDY PROVIDED BY LAW
1060		-	.
1061		-	SECTION 8. In Colorado Revised Statutes, 40-3.2-105.6, add (5),
1062		-	(6), and (7) as follows:
1063		-	40-3.2-105.6. Labor standards for beneficial electrification
	1088	+	F THE AUDIT DETERMINES THAT THERE WERE WILLFUL22
	1089	+	VIOLATIONS OF THIS SECTION, THE UTILITY MAY DEMAND A FULL REFUND23
	1090	+	OF THE REBATE OR INCENTIVE WITH REASONABLE PENALTIES AND24
	1091	+	INTEREST AND MAY PURSUE ANY REMEDY PROVIDED BY LAW .25
	1092	+	SECTION 8. In Colorado Revised Statutes, 40-3.2-105.6, add26
	1093	+	(5), (6), and (7) as follows:27
	1094	+	292
	1095	+	-30- 40-3.2-105.6. Labor standards for beneficial electrification1
1064	1096		projects. (5) (a) F
1065		-	OR A BENEFICIAL ELECTRIFICATION PROJECT IN A NEW OR
1066		-	EXISTING INDUSTRIAL
1067		-	, COMMERCIAL, OR MULTIFAMILY RESIDENTIAL
1068		-	BUILDING THAT CONTAINS TWENTY THOUSAND SQUARE FEET OR MORE OF
1069		-	CONDITIONED FLOOR SPACE AND FOR WHICH A REBATE IS TO BE PROVIDED
	1097	+	OR A BENEFICIAL ELECTRIFICATION PROJECT IN A NEW2
	1098	+	OR EXISTING INDUSTRIAL, COMMERCIAL, OR MULTIFAMILY RESIDENTIAL3
	1099	+	BUILDING THAT CONTAINS TWENTY THOUSAND SQUARE FEET OR MORE OF4
	1100	+	CONDITIONED FLOOR SPACE AND FOR WHICH A REBATE IS TO BE PROVIDED5
1070	1101		DIRECTLY TO THE BUILDING OWNER AS PART OF THE BENEFICIAL
1071		-	ELECTRIFICATION PROGRAM
1072		-	, A UTILITY SHALL NOT ISSUE ANY REBATES OR
1073		-	INCENTIVES UNLESS THE LEAD GENERAL CONTRACTOR PERFORMING THE
1074		-	WORK FOR THE PROJECT SIGNS A NOTARIZED AFFIDAVIT UNDER PENALTY OF
1075		-	PERJURY STATING THAT ALL OF THE REQUIREMENTS OF THIS SECTION HAVE
1076		-	BEEN MET AND PROVIDES THE SIGNED AFFIDAVIT TO THE SPONSORING
1077		-	UTILITY
1078		-	. THE AFFIDAVIT MUST:
	1102	+	6
	1103	+	ELECTRIFICATION PROGRAM, A UTILITY SHALL NOT ISSUE ANY REBATES OR7
	1104	+	INCENTIVES UNLESS THE LEAD GENERAL CONTRACTOR PERFORMING THE8
	1105	+	WORK FOR THE PROJECT SIGNS A NOTARIZED AFFIDAVIT UNDER PENALTY9
	1106	+	OF PERJURY STATING THAT ALL OF THE REQUIREMENTS OF THIS SECTION10
	1107	+	HAVE BEEN MET AND PROVIDES THE SIGNED AFFIDAVIT TO THE11
	1108	+	SPONSORING UTILITY. THE AFFIDAVIT MUST:12
1079	1109		(I) I
1080		-	DENTIFY THE CONTRACTORS OR SUBCONTRACTORS THAT WILL BE
1081		-	USED FOR ALL MECHANICAL
1082		-	, SHEET METAL, FIRE SUPPRESSION, SPRINKLER
1083		-	FITTING
1084		-	, ELECTRICAL, AND PLUMBING WORK REQUIRED ON THE PROJECT ;
	1110	+	DENTIFY THE CONTRACTORS OR SUBCONTRACTORS THAT WILL13
	1111	+	BE USED FOR ALL MECHANICAL , SHEET METAL, FIRE SUPPRESSION,14
	1112	+	SPRINKLER FITTING, ELECTRICAL, AND PLUMBING WORK REQUIRED ON THE15
	1113	+	PROJECT;16
1085	1114		(II) C
1086		-	ERTIFY THAT ALL FIRMS IDENTIFIED PARTICIPATE IN
1087		-	APPRENTICESHIP PROGRAMS REGISTERED WITH THE
1088		-	UNITED STATES
1089		-	DEPARTMENT OF LABOR
1090		-	'S EMPLOYMENT AND TRAINING ADMINISTRATION OR
1091		-	STATE APPRENTICESHIP AGENCIES RECOGNIZED BY THE
1092		-	UNITED STATES
1093		-	DEPARTMENT OF LABOR AND HAVE A PROVEN RECORD OF GRADUATING
1094		-	APPRENTICES AS FOLLOWS
1095		-	:
	1115	+	ERTIFY THAT ALL FIRMS IDENTIFIED PARTICIPATE IN17
	1116	+	APPRENTICESHIP PROGRAMS REGISTERED WITH THE UNITED STATES18
	1117	+	DEPARTMENT OF LABOR'S EMPLOYMENT AND TRAINING ADMINISTRATION19
	1118	+	OR STATE APPRENTICESHIP AGENCIES
	1119	+	RECOGNIZED BY THE UNITED STATES20
	1120	+	DEPARTMENT OF LABOR AND HAVE A PROVEN RECORD OF GRADUATING21
	1121	+	APPRENTICES AS FOLLOWS:22
1096	1122		(A) B
1097		-	EGINNING JULY 1, 2021, THROUGH JUNE 30, 2026, A MINIMUM
1098		-	PAGE 22-SENATE BILL 23-292 OF FIFTEEN PERCENT OF ITS APPRENTICES FOR AT LEAST THREE OF THE PAST
1099		-	FIVE YEARS
1100		-	;
	1123	+	EGINNING JULY 1, 2021, THROUGH JUNE 30, 2026, A23
	1124	+	MINIMUM OF FIFTEEN PERCENT OF ITS APPRENTICES FOR AT LEAST THREE24
	1125	+	OF THE PAST FIVE YEARS;25
1101	1126		(B) B
1102		-	EGINNING JULY 1, 2026, THROUGH JUNE 30, 2031, A MINIMUM
1103		-	OF TWENTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF THE PAST FIVE
1104		-	YEARS
1105		-	; AND
1106		-	(C) BEGINNING JULY 1, 2031, AND EACH YEAR THEREAFTER , A
1107		-	MINIMUM OF THIRTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF THE
1108		-	PAST FIVE YEARS
1109		-	; AND
1110		-	(III) SUPPLY SUPPORTING DOCUMENTATION FROM THE UNITED
1111		-	STATES DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP OR STATE
1112		-	APPRENTICESHIP AGENCY VERIFYING THE INFORMATION PROVIDED IN THE
1113		-	CERTIFICATION SPECIFIED IN SUBSECTION
1114		-	(1)(a)(II) OF THIS SECTION.
	1127	+	EGINNING JULY 1, 2026, THROUGH JUNE 30, 2031, A26
	1128	+	MINIMUM OF TWENTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF27
	1129	+	292
	1130	+	-31- THE PAST FIVE YEARS; AND1
	1131	+	(C) B
	1132	+	EGINNING JULY 1, 2031, AND EACH YEAR THEREAFTER , A2
	1133	+	MINIMUM OF THIRTY PERCENT OF APPRENTICES FOR AT LEAST THREE OF3
	1134	+	THE PAST FIVE YEARS; AND4
	1135	+	(III) S
	1136	+	UPPLY SUPPORTING DOCUMENTATION FROM THE UNITED5
	1137	+	S
	1138	+	TATES DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP OR STATE6
	1139	+	APPRENTICESHIP AGENCY VERIFYING THE INFORMATION PROVIDED IN THE7
	1140	+	CERTIFICATION SPECIFIED IN SUBSECTION (1)(a)(II) OF THIS SECTION.8
1115	1141		(b) T
1116		-	HE UTILITY MUST MAINTAIN A DATABASE OF THE INFORMATION
1117		-	CONTAINED IN THE AFFIDAVIT FOR EACH PROJECT AWARDED A REBATE OR
1118		-	INCENTIVE
1119		-	.
	1142	+	HE UTILITY MUST MAINTAIN A DATABASE OF THE9
	1143	+	INFORMATION CONTAINED IN THE AFFIDAVIT FOR EACH PROJECT AWARDED10
	1144	+	A REBATE OR INCENTIVE.11
1120	1145		(c) T
1121	1146		HIS SUBSECTION (5) DOES NOT APPLY TO A BENEFICIAL
1122		-	ELECTRIFICATION PROJECT THAT IS LIMITED TO IN
1123		-	-UNIT WORK IN A
1124		-	MULTIFAMILY BUILDING
1125		-	, AS UNDERTAKEN BY THE OWNER OR TENANT OF THE
1126		-	MULTIFAMILY BUILDING OR UNIT
1127		-	.
	1147	+	12
	1148	+	ELECTRIFICATION PROJECT THAT IS LIMITED TO IN -UNIT WORK IN A13
	1149	+	MULTIFAMILY BUILDING, AS UNDERTAKEN BY THE OWNER OR TENANT OF14
	1150	+	THE MULTIFAMILY BUILDING OR UNIT.15
1128	1151		(6) (a) T
1129		-	O ENSURE COMPLIANCE WITH THE REQUIREMENTS OF
1130		-	SUBSECTION
1131		-	(5) OF THIS SECTION, THE GENERAL CONTRACTOR OR OTHER
1132		-	FIRM TO WHICH THE CONTRACT IS AWARDED MUST AGREE TO PROVIDE
1133		-	ADDITIONAL DOCUMENTATION TO THE PARTICIPATING UTILITY OFFERING THE
1134		-	REBATE OR INCENTIVE REGARDING THE REQUIREMENTS FOR AFFECTED
1135		-	APPRENTICESHIP TRAINING PROGRAMS SPECIFIED IN SUBSECTION
1136		-	(5)(a) OF
1137		-	THIS SECTION
1138		-	.
	1152	+	O ENSURE COMPLIANCE WITH THE REQUIREMENTS OF16
	1153	+	SUBSECTION (5) OF THIS SECTION, THE GENERAL CONTRACTOR OR OTHER17
	1154	+	FIRM TO WHICH THE CONTRACT IS AWARDED MUST AGREE TO PROVIDE18
	1155	+	ADDITIONAL DOCUMENTATION TO THE PARTICIPATING UTILITY OFFERING19
	1156	+	THE REBATE OR INCENTIVE REGARDING THE REQUIREMENTS FOR AFFECTED20
	1157	+	APPRENTICESHIP TRAINING PROGRAMS SPECIFIED IN SUBSECTION (5)(a) OF21
	1158	+	THIS SECTION.22
1139	1159		(b) I
1140		-	F THE UTILITY OFFERING THE REBATE OR INCENTIVE DETERMINES
1141		-	THAT A MECHANICAL
1142		-	, ELECTRICAL, OR PLUMBING SUBCONTRACTOR HAS
1143		-	WILLFULLY FALSIFIED DOCUMENTATION OR WILLFULLY MISREPRESENTED
1144		-	THEIR QUALIFICATIONS AS REQUIRED TO COMPLY WITH THIS SECTION IN THE
1145		-	CONTRACT
1146		-	, THE UTILITY SHALL DIRECT THE CONTRACTOR TO TERMINATE
1147		-	THE SUBCONTRACTOR CONTRACT IMMEDIATELY AND THE SUBCONTRACTOR
1148		-	MUST IMMEDIATELY BE REMOVED FROM THE PUBLIC PROJECT
1149		-	. THE UTILITY
1150		-	PAGE 23-SENATE BILL 23-292 MAY DEBAR THE OFFENDING SUBCONTRACTORS FOR FUTURE PARTICIPATION
1151		-	IN REBATE OR INCENTIVE PROGRAMS ESTABLISHED UNDER THIS SECTION
1152		-	.
	1160	+	F THE UTILITY OFFERING THE REBATE OR INCENTIVE23
	1161	+	DETERMINES THAT A MECHANICAL , ELECTRICAL, OR PLUMBING24
	1162	+	SUBCONTRACTOR HAS WILLFULLY FALSIFIED DOCUMENTATION OR25
	1163	+	WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS AS REQUIRED TO26
	1164	+	COMPLY WITH THIS SECTION IN THE CONTRACT, THE UTILITY SHALL DIRECT27
	1165	+	292
	1166	+	-32- THE CONTRACTOR TO TERMINATE THE SUBCONTRACTOR CONTRACT1
	1167	+	IMMEDIATELY AND THE SUBCONTRACTOR MUST IMMEDIATELY BE2
	1168	+	REMOVED FROM THE PUBLIC PROJECT . THE UTILITY MAY DEBAR THE3
	1169	+	OFFENDING SUBCONTRACTORS FOR FUTURE PARTICIPATION IN REBATE OR4
	1170	+	INCENTIVE PROGRAMS ESTABLISHED UNDER THIS SECTION .5
1153	1171		(c) I
1154		-	F AFTER ISSUING A REBATE OR INCENTIVE PURSUANT TO THIS
1155		-	SECTION
1156		-	, A UTILITY DETERMINES THAT A CONTRACTOR OR SUBCONTRACTOR
1157		-	HAS WILLFULLY VIOLATED ANY REQUIREMENT OF THIS SECTION
1158		-	, THE UTILITY
1159		-	MAY DEMAND A FULL REFUND OF THE REBATE OR INCENTIVE WITH
1160		-	REASONABLE PENALTIES AND INTEREST AND MAY PURSUE ANY REMEDY
1161		-	PROVIDED BY LAW
1162		-	.
	1172	+	F AFTER ISSUING A REBATE OR INCENTIVE PURSUANT TO THIS6
	1173	+	SECTION, A UTILITY DETERMINES THAT A CONTRACTOR OR7
	1174	+	SUBCONTRACTOR HAS WILLFULLY VIOLATED ANY REQUIREMENT OF THIS8
	1175	+	SECTION, THE UTILITY MAY DEMAND A FULL REF UND OF THE REBATE OR9
	1176	+	INCENTIVE WITH REASONABLE PENALTIES AND INTEREST AND MAY PURSUE10
	1177	+	ANY REMEDY PROVIDED BY LAW .11
1163	1178		(d) A
1164		-	UTILITY SHALL MAINTAIN A LIST OF CONTRACTORS AND
1165		-	SUBCONTRACTORS THAT HAVE WILLFULLY FALSIFIED DOCUMENTATION OR
1166		-	WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS OR THAT ARE
1167		-	DEBARRED FROM RECEIVING FUTURE REBATES OR INCENTIVES AND MAKE
1168		-	THAT LIST AVAILABLE TO THEIR CUSTOMERS ON THEIR WEBSITE
1169		-	.
	1179	+	UTILITY SHALL MAINTAIN A LIST OF CONTRACTORS AND12
	1180	+	SUBCONTRACTORS THAT HAVE WILLFULLY FALSIFIED DOCUMENTATION OR13
	1181	+	WILLFULLY MISREPRESENTED THEIR QUALIFICATIONS OR THAT ARE14
	1182	+	DEBARRED FROM RECEIVING FUTURE REBATES OR INCENTIVES AND MAKE15
	1183	+	THAT LIST AVAILABLE TO THEIR CUSTOMERS ON THEIR WEBSITE .16
1170	1184		(7) (a) T
1171	1185		HE UTILITY THAT OFFERS THE REBATE OR INCENTIVE
1172		-	~~PURSUANT TO THIS SECTION MUST ESTABLISH PERIODIC AUDITS OF THE~~
1173		-	~~QUALIFYING REBATES THAT REPRESENT THE HIGHEST TWO PERCENT~~ OF
1174		-	REBATES ~~ISSUED BY DOLLAR AMOUNT AT LEAST EVERY THREE YEARS TO~~
1175		-	~~ENSURE THAT THE CONTRACTORS OR SUBCONTRACTORS MAINTAIN~~
1176		-	~~COMPLIANCE WITH THIS SECTION~~
1177		-	.
	1186	+	17
	1187	+	PURSUANT TO THIS SECTION MUST ESTABLISH PERIODIC AUDITS OF THE18
	1188	+	QUALIFYING REBATES THAT REPRESENT THE HIGHEST TWO PERCENT OF19
	1189	+	REBATES ISSUED BY DOLLAR AMOUNT AT LEAST EVERY THREE YEARS TO20
	1190	+	ENSURE THAT THE CONTRACTORS OR SUBCONTRACTORS MAINTAIN21
	1191	+	COMPLIANCE WITH THIS SECTION.22
1178	1192		(b) I
1179		-	F THE AUDIT DETERMINES THAT THERE WERE WILLFUL
1180		-	VIOLATIONS OF THIS SECTION
1181		-	, THE UTILITY MAY DEMAND A FULL REFUND OF
1182		-	THE REBATE OR INCENTIVE WITH REASONABLE PENALTIES AND INTEREST
1183		-	AND MAY PURSUE ANY REMEDY PROVIDED BY LAW
1184		-	.
1185		-	SECTION 9. In Colorado Revised Statutes, 40-3.2-108, add (8)(e)
1186		-	as follows:
1187		-	40-3.2-108. Clean heat targets - legislative declaration -
1188		-	definitions - plans - rules - reports. (8) Employment and utility
	1193	+	F THE AUDIT DETERMINES THAT THERE WERE WILLFUL23
	1194	+	VIOLATIONS OF THIS SECTION, THE UTILITY MAY DEMAND A FULL REFUND24
	1195	+	OF THE REBATE OR INCENTIVE WITH REASONABLE PENALTIES AND25
	1196	+	INTEREST AND MAY PURSUE ANY REMEDY PROVIDED BY LAW .26
	1197	+	SECTION 9. In Colorado Revised Statutes, 40-3.2-108, add27
	1198	+	292
	1199	+	-33- (8)(e) as follows:1
	1200	+	40-3.2-108. Clean heat targets - legislative declaration -2
	1201	+	definitions - plans - rules - reports. (8) Employment and utility3
1189	1202		workforce. (e) I
1190		-	F A PROJECT IN CONNECTION WITH A CLEAN HEAT PLAN , IS
1191		-	AN ENERGY SECTOR PUBLIC WORKS PROJECT
1192		-	, AS DEFINED IN SECTION
1193		-	24-92-303 (5), THE PROJECT MUST COMPLY WITH THE APPLICABLE
1194		-	REQUIREMENTS OF THE
1195		-	"COLORADO ENERGY SECTOR PUBLIC WORKS
1196		-	PROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF
1197		-	TITLE
1198		-	24.
1199		-	PAGE 24-SENATE BILL 23-292 SECTION 10. In Colorado Revised Statutes, 40-5-107, add (3)(c)
1200		-	as follows:
1201		-	40-5-107. Electric vehicle programs - definitions - repeal.
	1203	+	F A PROJECT IN CONNECTION WITH A CLEAN HEAT PLAN ,4
	1204	+	IS AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION5
	1205	+	24-92-303
	1206	+	(5), THE PROJECT MUST COMPLY WITH THE APPLICABLE6
	1207	+	REQUIREMENTS OF THE "COLORADO ENERGY SECTOR PUBLIC WORKS7
	1208	+	P
	1209	+	ROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF8
	1210	+	TITLE 24.9
	1211	+	SECTION 10. In Colorado Revised Statutes, 40-5-107, add10
	1212	+	(3)(c) as follows:11
	1213	+	40-5-107. Electric vehicle programs - definitions - repeal.12
1202	1214		(3) (c) A
1203		-	N ELECTRIC VEHICLE INFRASTRUCTURE PROJECT THAT IS AN
1204		-	ENERGY SECTOR PUBLIC WORKS PROJECT
1205		-	~~, AS DEFINED IN SECTION~~ 24-92-303
1206		-	(5),
1207		-	~~MUST COMPLY WITH~~ THE ~~APPLICABLE REQUIREMENTS OF THE~~
1208		-	~~"COLORADO ENERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR~~
1209		-	~~REQUIREMENTS~~ ACT", PART 3 OF ARTICLE 92 OF TITLE 24.
1210		-	SECTION 11. In Colorado Revised Statutes, 40-42-107, add (4) as
1211		-	follows:
1212		-	40-42-107. Labor standards - apprenticeship - supervision.
	1215	+	N ELECTRIC VEHICLE INFRASTRUCTURE PROJECT THAT IS AN13
	1216	+	ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION14
	1217	+	24-92-303
	1218	+	(5), MUST COMPLY WITH THE APPLICABLE REQUIREMENTS OF15
	1219	+	THE "COLORADO ENERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR16
	1220	+	R
	1221	+	EQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF TITLE 24.17
	1222	+	SECTION 11. In Colorado Revised Statutes, 40-42-107, add (4)18
	1223	+	as follows:19
	1224	+	40-42-107. Labor standards - apprenticeship - supervision.20
1213	1225		(4) A
1214		-	NY PROJECT FOR THE CONSTRUCTION , EXPANSION, OR MAINTENANCE
1215		-	OF FACILITIES UNDERTAKEN IN
1216		-	COLORADO PURSUANT TO THIS ARTICLE 42
1217		-	THAT IS AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN SECTION
1218		-	24-92-303 (5), MUST COMPLY WITH THE APPLICABLE REQUIREMENTS OF THE
1219		-	"COLORADO ENERGY SECTOR PUBLIC WORKS PROJECT CRAFT LABOR
1220		-	REQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF TITLE 24.
1221		-	SECTION 12. Appropriation. For the 2023-24 state fiscal year,
1222		-	$108,401 is appropriated to the department of labor and employment for use
1223		-	by the division of labor standards and statistics. This appropriation is from
1224		-	the general fund and is based on an assumption that the division will require
1225		-	an additional 1.0 FTE. To implement this act, the division may use this
1226		-	appropriation for program costs related to labor standards.
1227		-	SECTION 13. Act subject to petition - effective date -
1228		-	applicability. (1) This act takes effect January 1, 2024; except that, if a
1229		-	referendum petition is filed pursuant to section 1 (3) of article V of the state
1230		-	constitution against this act or an item, section, or part of this act within the
1231		-	ninety-day period after final adjournment of the general assembly, then the
1232		-	act, item, section, or part will not take effect unless approved by the people
1233		-	at the general election to be held in November 2024 and, in such case, will
1234		-	take effect on the date of the official declaration of the vote thereon by the
1235		-	governor.
1236		-	(2) This act only applies to any energy sector public works project
1237		-	PAGE 25-SENATE BILL 23-292 for which a public utility or cooperative electric association invitation for
1238		-	bids or proposals is issued on or after January 1, 2024.
1239		-	____________________________ ____________________________
1240		-	Steve Fenberg
1241		-	Julie McCluskie
1242		-	PRESIDENT OF SPEAKER OF THE HOUSE
1243		-	THE SENATE OF REPRESENTATIVES
1244		-	____________________________ ____________________________
1245		-	Cindi L. Markwell Robin Jones
1246		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
1247		-	THE SENATE OF REPRESENTATIVES
1248		-	APPROVED________________________________________
1249		-	(Date and Time)
1250		-	_________________________________________
1251		-	Jared S. Polis
1252		-	GOVERNOR OF THE STATE OF COLORADO
1253		-	PAGE 26-SENATE BILL 23-292
	1226	+	NY PROJECT FOR THE CONSTRUCTION, EXPANSION, OR MAINTENANCE21
	1227	+	OF FACILITIES UNDERTAKEN IN COLORADO PURSUANT TO THIS ARTICLE 4222
	1228	+	THAT IS AN ENERGY SECTOR PUBLIC WORKS PROJECT , AS DEFINED IN23
	1229	+	SECTION 24-92-303 (5), MUST COMPLY WITH THE APPLICABLE24
	1230	+	REQUIREMENTS OF THE "COLORADO ENERGY SECTOR PUBLIC WORKS25
	1231	+	P
	1232	+	ROJECT CRAFT LABOR REQUIREMENTS ACT", PART 3 OF ARTICLE 92 OF26
	1233	+	TITLE 24.27
	1234	+	292
	1235	+	-34- SECTION 12. Appropriation. For the 2023-24 state fiscal year,1
	1236	+	$108,401 is appropriated to the department of labor and employment for2
	1237	+	use by the division of labor standards and statistics. This appropriation is3
	1238	+	from the general fund and is based on an assumption that the division will4
	1239	+	require an additional 1.0 FTE. To implement this act, the division may5
	1240	+	use this appropriation for program costs related to labor standards.6
	1241	+	SECTION 13. Act subject to petition - effective date -7
	1242	+	applicability. (1) This act takes effect January 1, 2024; except that, if a8
	1243	+	referendum petition is filed pursuant to section 1 (3) of article V of the9
	1244	+	state constitution against this act or an item, section, or part of this act10
	1245	+	within the ninety-day period after final adjournment of the general11
	1246	+	assembly, then the act, item, section, or part will not take effect unless12
	1247	+	approved by the people at the general election to be held in November13
	1248	+	2024 and, in such case, will take effect on the date of the official14
	1249	+	declaration of the vote thereon by the governor.15
	1250	+	(2) This act only applies to any energy sector public works project16
	1251	+	for which a public utility or cooperative electric association invitation for17
	1252	+	bids or proposals is issued on or after January 1, 2024.18
	1253	+	292
	1254	+	-35-