Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 24-0323.01 Megan McCall x4215 HOUSE BILL 24-1245 House Committees Senate Committees Business Affairs & Labor Appropriations 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 Amended 2nd Reading May 2, 2024 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, 24-37.5-106, amend2 (4) as follows:3 24-37.5-106. Chief information officer - duties and4 responsibilities. (4) The chief information officer may promulgate as5 rules pursuant to article 4 of this title 24, all of the policies, procedures,6 standards, specifications, guidelines, or criteria that are developed or7 approved pursuant to section 24-37.5-105 (4) and to establish8 accessibility standards for individuals with a disability pursuant to section9 24-85-103. THE CHIEF INFORMATION OFFICER SHALL PROMULGATE10 PURSUANT TO ARTICLE 4 OF THIS TITLE 24 RULES IN ACCORDANCE WITH11 THE PROVISIONS SET FORTH IN SECTION 24-37.5-903 (6).12 SECTION 2. In Colorado Revised Statutes, 24-37.5-903, add (6)13 and (7) as follows:14 24-37.5-903. Colorado broadband office - creation -15 responsibilities - gifts, grants, or donations. (6) THE BROADBAND16 OFFICE, BY AND THROUGH THE CHIEF INFORMATION OFFICER PURS UANT TO17 THE CHIEF INFORMATION OFFICER'S AUTHORITY SET FORTH IN SECTION18 24-37.5-106 (4), SHALL PROMULGATE RULES , UNLESS PROHIBITED BY19 FEDERAL LAW, THAT ESTABLISH LABOR STANDARDS FOR GRANTEES AND20 SUBGRANTEES NO LATER THAN NINETY -ONE DAYS AFTER THE BROADBAND21 OFFICE RECEIVES APPROVAL OF ITS INITIAL PROPOSAL FOR FEDERAL22 1245-2- FUNDING UNDER THE BROADBAND EQUITY, ACCESS, AND DEPLOYMENT1 PROGRAM AUTHORIZED BY THE FEDERAL "INFRASTRUCTURE INVESTMENT2 AND JOBS ACT", PUB.L. 117-58, AND BEFORE, IN CONNECTION WITH3 RECEIPT OF SUCH FEDERAL FUNDING, APPROVING GRANTS TO INTERNET4 SERVICE PROVIDERS. THE RULES MUST, AT A MINIMUM, REQUIRE THAT5 GRANTEES AND SUBGRANTEES :6 (a) PAY THEIR WORKERS PREVAILING WAGE ;7 (b) UTILIZE APPRENTICESHIPS REGISTERED WITH THE UNITED8 STATES DEPARTMENT OF LABOR OR THE STATE APPRENTICESHIP AGENCY9 CREATED IN SECTION 8-15.7-102 FOR THE APPLICABLE WORKFORCE ;10 (c) EMPLOY A SKILLED AND TRAINED WORKFORCE ; AND11 (d) UTILIZE IN-HOUSE WORKFORCE TRAINING .12 (7) GRANTEES OF FUNDING ADMINISTERED OR DISTRIBUTED BY THE13 BROADBAND OFFICE SHALL PROVIDE TO THE BR OADBAND OFFICE14 BIANNUAL REPORTS THAT CONTAIN INFORMATION ON THE GRANTEE 'S15 WORKFORCE IN ACCORDANCE WITH THIS SUBSECTION (7). THE16 BROADBAND OFFICE SHALL MAKE THE REPORTS PUBLICLY AVAILABLE ON17 ITS WEBSITE. THE REPORTS MUST INCLUDE:18 (a) JOB TITLES AND SIZE OF A GRANTEE'S WORKFORCE, INCLUDING19 THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS THAT ARE REQUIRED20 TO CARRY OUT THE FUNDED WORK OVER THE COURSE OF THE PROJECT ;21 (b) IF THE WORKFORCE IS DIRECTLY EMPLOYED BY THE GRANTEE22 OR THE INTERNET SERVICE PROVIDER OR IF WORK WILL BE PERFORMED BY23 A SUBCONTRACTED WORKFORCE ;24 (c) IDENTIFICATION OF ANY ENTITIES THAT THE GRANTEE25 SUBCONTRACTS WITH IN CARRYING OUT THE FUNDED WORK AND26 IDENTIFICATION OF THE ENTITY THAT IS FUNCTIONING AS THE LEGAL27 1245 -3- EMPLOYER OF THE WORKERS IN EACH JOB TITLE ASSOCIATED WITH THE1 PROJECT; AND2 (d) A DESCRIPTION OF WHETHER THE GRANTEE'S WORKFORCE IS3 SUBJECT TO COMPLIANCE WITH THE STATE'S LAWS CONCERNING4 OVERTIME, BREAKS, PAID SICK TIME, MISCLASSIFICATION, AND PAID5 FAMILY AND MEDICAL LEAVE AND A DESCRIPTION OF ANY LEGAL ACTION6 THE GRANTEE HAS BEEN INVOLVED IN DURING THE REPORTING PERIOD7 CONCERNING ANY OF THESE LAWS .8 SECTION 3. Safety clause. The general assembly finds,9 determines, and declares that this act is necessary for the immediate10 preservation of the public peace, health, or safety or for appropriations for11 the support and maintenance of the departments of the state and state12 institutions.13 1245 -4-