Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0323.01 Megan McCall x4215 HOUSE BILL 24-1245 House Committees Senate Committees Business Affairs & Labor A BILL FOR AN ACT C ONCERNING REQUIREMENTS TH AT PROJECTS FOR BROADBAND101 DEPLOYMENT RECEIVING MONEY DISTRIBUTED BY THE102 C OLORADO BROADBAND OFFICE COMPLY WITH CERTAIN FAIR103 LABOR PRACTICES.104 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The Colorado broadband office (office) is authorized to seek or apply for, accept, and expend money from the federal government for broadband deployment. The bill requires that for federal money that the HOUSE SPONSORSHIP Story, SENATE SPONSORSHIP Gonzales, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. office distributes, or for state money that it distributes as matching funding for federal money, it must give substantial weight, but not less than 25% weight, to fair labor practices by establishing evaluation metrics for applicants. Additionally, for projects that receive an award of over $500,000, workers involved in the projects must be paid prevailing wages for the project to receive the award. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-37.5-903, add (6)2 as follows:3 24-37.5-903. Colorado broadband office - creation -4 responsibilities - gifts, grants, or donations. (6) (a) T HE BROADBAND5 OFFICE SHALL GIVE SUBSTANTIAL WEIGHT , BUT NOT LESS THAN6 TWENTY-FIVE PERCENT WEIGHT , TO FAIR LABOR PRACTICES BY7 ESTABLISHING APPROPRIATE EVALUATION METRICS FOR APPLICANTS FOR8 FEDERAL MONEY THAT THE BROADBAND OFFICE DISTRIBUTES PURSUANT9 TO THE AUTHORIZATION TO SEEK OR APPLY FOR , ACCEPT, AND EXPEND10 FEDERAL MONEY SET FORTH IN SUBSECTION (3)(h)(II) OF THIS SECTION,11 AND FOR STATE MONEY THAT THE BROADBAND OFFICE DISTRIBUTES AS12 MATCHING FUNDING FOR FEDERAL MONEY . ADDITIONALLY, FOR PROJECTS13 THAT RECEIVE AN AWARD OF OVER FIVE HUNDRED THOUSAND DOLLARS ,14 THE BROADBAND OFFICE SHALL REQUIRE THAT WORKERS I NVOLVED IN THE15 PROJECTS ARE PAID PREVAILING WAGES AS DEFINED IN SECTION 24-92-20116 (6).17 (b) (I) T HE EVALUATION METRICS ESTABLISHED BY THE18 BROADBAND OFFICE PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION19 MUST INCLUDE COMPLIANCE BY APPLICANTS WITH SPECIFIED LABOR20 PRACTICES NOT OTHERWISE EXCLUDED UNDER LAW , AND A COMMITMENT21 TO ONGOING COMPLIANCE, INCLUDING THE FOLLOWING:22 HB24-1245-2- (A) USING A DIRECTLY EMPLOYED WORKFORCE ;1 (B) P ROVIDING ROBUST IN-HOUSE TRAINING;2 (C) P ROVIDING HIGH-QUALITY WAGES AND BENEFITS ;3 (D) D EMONSTRATING A COMMITMENT TO RETAINING A4 LOCALLY-BASED WORKFORCE OR ESTABLISHING PROGRAMS TO PROMOTE5 TRAINING AND HIRING PROCESSES FOR UNDERREPRESENTED COMMUNITIES6 AND A COMMITMENT TO SUCH PROGRAMS ;7 (E) U SING PROJECT LABOR AGREEMENTS OR LABOR PEACE8 AGREEMENTS;9 (F) U SING AN APPROPRIATELY SKILLED AND APPROPRIATELY10 CREDENTIALED WORKFORCE ;11 (G) H AVING A COMMITMENT TO UNION NEUTRALITY ;12 (H) T AKING STEPS TO PREVENT THE MISCLASSIFICATION OF13 WORKERS;14 (I) R EQUIRING COMMITMENTS FROM ANY SUBCONTRACTORS FOR15 THE SAME LEVEL OF LABOR PRACTICES ; AND16 (J) H AVING ROBUST RECORDS OF COMPLIANCE WITH THE STATE 'S17 LABOR LAWS.18 (II) T HE BROADBAND OFFICE MAY WEIGH SPECIFIED LABOR19 PRACTICES FOR THE EVALUATION METRICS EQUALLY OR DIFFERENTLY ;20 EXCEPT THAT EVALUATION METRICS REGARDING LABOR PRACTICES21 DURING THE PERFORMANCE OF THE FUNDED PROJECT , AS OPPOSED TO22 EVALUATION METRICS REGARDING PAST RECORDS OF COMPLIANCE , MUST23 COMPOSE AT LEAST TWENTY PERCENT OF THE WEIGHT .24 SECTION 2. Applicability. This act applies to federal money25 that the broadband office seeks or applies for, accepts, and expends as26 authorized by section 24-37.5-903 (3)(h)(II), C.R.S., and to state money27 HB24-1245 -3- that the office distributes as matching funding for federal money on or1 after the effective date of this act.2 SECTION 3. Safety clause. The general assembly finds,3 determines, and declares that this act is necessary for the immediate4 preservation of the public peace, health, or safety or for appropriations for5 the support and maintenance of the departments of the state and state6 institutions.7 HB24-1245 -4-