Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 24-1124.01 Josh Schultz x5486 HOUSE BILL 24-1439 House Committees Senate Committees Finance Appropriations A BILL FOR AN ACT C ONCERNING FINANCIAL INCENTIVES RELATED TO APPRENTICESHIP101 PROGRAMS, AND, IN CONNECTION THEREWITH, MAKING AN102 APPROPRIATION.103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) For income tax years commencing on or after January 1, 2025, but before January 1, 2035, section 1 of the bill creates a refundable state income tax credit (tax credit) that an employer may claim if the employer employs an apprentice for at least 6 months during an income tax year and either has a registered apprenticeship program or is an HOUSE 3rd Reading Unamended May 1, 2024 HOUSE Amended 2nd Reading April 30, 2024 HOUSE SPONSORSHIP Willford and Weinberg, Amabile, Bacon, Bird, Boesenecker, Daugherty, English, Froelich, Hamrick, Herod, Jodeh, Kipp, Lieder, Lindsay, Lukens, Mabrey, Marvin, Mauro, McCluskie, McLachlan, Ortiz, Ricks, Rutinel, Titone, Young SENATE SPONSORSHIP Coleman and Baisley, 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. employer-partner of a registered apprenticeship program. The amount of the tax credit is up to $6,300 for 6 months of employment plus up to $1,050 for each consecutive additional month of employment, for a maximum of up to $12,600 per apprentice per income tax year. An employer may not claim a credit for: ! More than 10 apprentices per income tax year; ! The same apprentice for more than 24 consecutive months; and ! An apprentice for months when the apprentice did not receive wages from the employer. To claim a tax credit, an employer must submit an application for the reservation of the tax credit and an application to receive an income tax credit certificate to the state apprenticeship agency (SAA) in the department of labor and employment (department). The SAA shall review the applications for specified criteria to determine whether the employer qualifies for the tax credit and tax credit certificate. Section 2 ends the state income tax credit for qualified investments made in a qualified school-to-career program for income tax years after December 31, 2024. Section 4 creates the scale-up grant program in the department to start new registered apprenticeship programs or expand existing programs in Colorado. The scale-up grant program awards grants from the money in the scale-up grant fund, which is created in the bill. Eligible grant recipients include employers or entities operating an apprenticeship program and that: ! Plan to develop and register a new registered apprenticeship program; or ! Currently offer a registered apprenticeship program and plan to expand it. The bill requires the department to collect specified data regarding the scale-up grant program and submit a report to specified committees of the general assembly. Section 5 creates the qualified apprenticeship intermediary grant program in the department to support entities that demonstrate expertise in connecting employers or apprenticeship program participants to registered apprenticeship programs or in convening stakeholders to develop registered apprenticeship programs. The qualified apprenticeship intermediary grant program awards grants from the money in the qualified apprenticeship intermediary grant fund, which is created in the bill. An eligible grant recipient must be a qualified apprenticeship intermediary. The bill requires the department to collect specified data regarding the qualified apprenticeship intermediary grant program and submit a report to specified committees of the general assembly. 1439-2- Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 39-22-560 as2 follows:3 39-22-560. Apprenticeship tax credit - tax preference4 performance statement - legislative declaration - definitions - rules -5 repeal. (1) (a) T HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :6 (I) C OLORADO IS COMMITTED TO ACCELERATING NEW7 APPRENTICESHIP PROGRAM GROWTH ON A DIVERSE BASIS , ESPECIALLY IN8 NEW AND EMERGING INDUSTRIES THAT HAVE BEEN TRADITIONALLY9 UNDERREPRESENTED IN REGISTERED APPRENTICESHIPS ; AND10 (II) M ANY EMPLOYERS ARE INTERESTED IN PROVIDING11 HIGH-QUALITY REGISTERED APPRENTICESHIPS TO ADDRESS THEIR SKILLED12 WORKER SHORTAGES BUT FACE FINANCIAL BARRIERS, ESPECIALLY SMALL13 BUSINESSES.14 (b) I N ACCORDANCE WITH SECTION 39-21-304 (1), WHICH15 REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE16 A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY17 LEGISLATIVE DECLARATION , THE GENERAL ASSEMBLY FINDS AND18 DECLARES THAT THE PURPOSE OF THE TAX CREDIT PROVIDED FOR IN THIS19 SECTION IS TO INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS20 AND TO PROVIDE A REDUCTION IN INCOME TAX LIABILITY FOR CERTAIN21 BUSINESSES THAT HIRE APPRENTICES . SPECIFICALLY, THIS TAX22 EXPENDITURE IS INTENDED TO INCENTIVIZE THE HIRING OF APPRENTICES23 AND GROWTH OF REGISTERED APPRENTICESHIP PROGRAMS IN NEW AND24 EMERGING INDUSTRIES.25 (c) T HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL26 MEASURE THE EFFECTIVENESS OF THE TAX CREDIT IN ACHIEVING THE27 1439 -3- PURPOSES SPECIFIED IN SUBSECTION (1)(b) OF THIS SECTION BASED ON THE1 NUMBER AND VALUE OF THE CREDITS CLAIMED .2 (2) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE3 REQUIRES:4 (a) "A PPRENTICE" HAS THE SAME MEANING AS SET FORTH IN5 SECTION 8-15.7-101 (1).6 (b) "C ERTIFICATE OF REGISTRATION" HAS THE SAME MEANING AS7 SET FORTH IN SECTION 8-15.7-101 (6).8 (c) "C REDIT" MEANS THE CREDIT AGAINST INCOME TAX CREATED9 IN THIS SECTION.10 (d) "D EPARTMENT" MEANS THE DEPARTMENT OF REVENUE .11 (e) "E MPLOYEE" HAS THE SAME MEANING AS SET FORTH IN12 SECTION 39-22-604 (2)(a); EXCEPT THAT "EMPLOYEE" INCLUDES ONLY13 THOSE INDIVIDUALS WHO PERFORM SERVICES FOR THE TAXPAYER FOR AT14 LEAST ONE THOUSAND FORTY HOURS PER INCOME TAX YEAR .15 (f) "N EW AND EMERGING INDUSTRY " DOES NOT INCLUDE THE16 BUILDING AND CONSTRUCTION TRADES AS DESCRIBED IN SECTION17 8-15.7-105 (4).18 (g) "Q UALIFIED TAXPAYER" OR "TAXPAYER" MEANS A PERSON19 SUBJECT TO TAX PURSUANT TO THIS ARTICLE 22 THAT IS DOING BUSINESS20 IN THIS STATE AND THAT EMPLOYS AN APPRENTICE IN THE RELEVANT TAX21 YEAR.22 (h) "R EGISTERED APPRENTICESHIP PROGRAM " HAS THE SAME23 MEANING AS SET FORTH IN SECTION 8-15.7-101 (13).24 (i) "SMALL BUSINESS" MEANS A BUSINESS WITH FEWER THAN FIFTY25 EMPLOYEES.26 (j) "STATE APPRENTICESHIP AGENCY " OR "SAA" HAS THE SAME27 1439 -4- MEANING AS SET FORTH IN SECTION 8-15.7-101 (16).1 (3) (a) S UBJECT TO THE LIMITATIONS SET FORTH IN SUBSECTION2 (3)(b) OF THIS SECTION, FOR INCOME TAX YEARS COMMENCING ON OR3 AFTER JANUARY 1, 2025, BUT BEFORE JANUARY 1, 2035, A QUALIFIED4 TAXPAYER IN A NEW AND EMERGING INDUSTRY IS ALLOWED AN5 APPRENTICESHIP TAX CREDIT AGAINST THE INCOME TAX IMPOSED BY THIS6 ARTICLE 22 FOR EACH APPRENTICE WHO IS AN EMPLOYEE OF THE7 TAXPAYER IN THIS STATE FOR NO LESS THAN SIX MONTHS DURING THE8 TAXPAYER'S INCOME TAX YEAR. THE CREDIT IS EQUAL TO UP TO SIX9 THOUSAND THREE HUNDRED DOLLARS FOR SIX MONTHS OF EMPLOYMENT10 PLUS UP TO ONE THOUSAND FIFTY DOLLARS FOR EACH ADDITIONAL MONTH11 OF EMPLOYMENT, FOR A MAXIMUM OF TWELVE THOUSAND SIX HUNDRED12 DOLLARS PER APPRENTICE PER INCOME TAX YEAR ; EXCEPT THAT THE13 TAXPAYER SHALL NOT CLAIM A CREDIT FOR :14 (I) M ORE THAN TEN APPRENTICES PER INCOME TAX YEAR ;15 (II) T HE SAME APPRENTICE FOR MORE THAN TWO CONSECUTIVE16 INCOME TAX YEARS; AND17 (III) A N APPRENTICE FOR MONTHS WHEN THE APPRENTICE DID NOT18 RECEIVE WAGES FROM THE TAXPAYER .19 (b) A QUALIFIED TAXPAYER MUST EITHER:20 (I) H AVE ESTABLISHED A REGISTERED APPRENTICESHIP PROGRAM21 IN GOOD STANDING WITH THE SAA AND RECEIVED A CERTIFICATE OF22 REGISTRATION FROM THE STATE APPRENTICESHIP AGENCY ; OR23 (II) B E AN EMPLOYER-PARTNER OF A REGISTERED APPRENTICESHIP24 PROGRAM IN GOOD STANDING WITH THE SAA AS VERIFIED BY THE25 QUALIFIED TAXPAYER 'S INCLUSION ON THE COLORADO STATE26 APPRENTICESHIP RESOURCE DIRECTORY PURSUANT TO SECTION 8-83-308.27 1439 -5- (c) TO CLAIM THE CREDIT, THE TAXPAYER MUST RESERVE THE1 CREDIT AS SET FORTH IN SUBSECTION (4) OF THIS SECTION AND ANNUALLY2 APPLY FOR AND RECEIVE AN INCOME TAX CREDIT CERTIFICATE FROM THE3 STATE APPRENTICESHIP AGENCY PURSUANT TO SUBSECTION (5) OF THIS4 SECTION.5 (4) (a) T O CLAIM A CREDIT PURSUANT TO THIS SECTION , A6 TAXPAYER MUST SUBMIT AN APPLICATION FOR THE RESERVATION OF A TAX7 CREDIT TO THE SAA IN THE FORM AND MANNER PRESCRIBED BY THE SAA.8 (b) T HE SAA SHALL REVIEW ALL SUBMITTED APPLICATIONS TO :9 (I) D ETERMINE WHETHER THE APPLICANT IS A QUALIFIED10 TAXPAYER;11 (II) D ETERMINE WHETHER THE APPLICANT HAS COMPLIED WITH12 THE REQUIREMENTS OF SUBSECTION (3)(b) OF THIS SECTION;13 (III) D ETERMINE WHETHER THE INDIVIDUAL FOR WHOM THE14 APPLICATION IS SUBMITTED IS AN APPRENTICE , IS AN EMPLOYEE, AND15 COMPLIES WITH ANY STANDARDS SET FORTH IN ARTICLE 15.7 OF TITLE 8;16 AND17 (IV) C ALCULATE THE NUMBER OF MONTHS EACH PROSPECTIVE18 APPRENTICE IS EXPECTED TO BE EMPLOYED .19 (c) (I) B ASED UPON THE NUMBER OF APPRENTICES THE QUALIFIED20 TAXPAYER EXPECTS TO EMPLOY , AND THE NUMBER OF MONTHS EACH21 APPRENTICE IS EXPECTED TO BE EMPLOYED , THE SAA MAY RESERVE FOR22 THE BENEFIT OF EACH QUALIFIED TAXPAYER ALL OR PART OF THE CREDIT23 AMOUNT REQUESTED BY THE QUALIFIED TAXPAYER ; EXCEPT THAT THE24 SAA SHALL NOT RESERVE AN AMOUNT IN EXCESS OF THE CREDIT25 ALLOWED BY SUBSECTION (3)(a) OF THIS SECTION.26 (II) THE AGGREGATE AMOUNT OF CREDITS RESERVED FOR ALL27 1439 -6- QUALIFIED TAXPAYERS MUST NOT EXCEED TWENTY-FIVE MILLION1 DOLLARS PER CALENDAR YEAR . THE SAA MAY RESERVE CREDITS FOR THE2 CURRENT OR ANY FUTURE CALENDAR YEAR BASED UPON THE EXPECTED3 EMPLOYMENT DATES INDICATED IN A QUALIFIED TAXPAYER 'S4 APPLICATION. FOR A QUALIFIED TAXPAYER WHOSE INCOME TAX YEAR IS5 NOT A CALENDAR YEAR, THE RESERVATION IS EFFECTIVE FOR THE INCOME6 TAX YEAR THAT BEGINS DURING THE CALENDAR YEAR FOR THE7 RESERVATION.8 (III) I F, FOR ANY CALENDAR YEAR, THE AGGREGATE AMOUNT OF9 RESERVATIONS FOR TAX CREDITS THE SAA HAS APPROVED IS EQUAL TO10 THE TOTAL AMOUNT OF TAX CREDITS AVAILABLE FOR RESERVATION FOR11 A CURRENT OR FUTURE CALENDAR YEAR , THE SAA SHALL NOTIFY ALL12 QUALIFIED TAXPAYERS T HAT HAVE SUBMITTED APPLICATIONS THEN13 AWAITING APPROVAL OR THAT HAVE SUBMITTED APPLICATIONS FOR14 APPROVAL AFTER THE CALCULATION IS MADE THAT ADDITIONAL15 APPROVALS OF APPLICATIONS FOR RESERVATIONS OF TAX CREDITS SHALL16 NOT BE GRANTED FOR THE CALENDAR YEAR . THE PENDING APPLICATIONS17 MUST REMAIN PENDING IN THE ORDER RECEIVED FOR UP TO TWO YEARS18 AFTER THE DATE THE ORIGINAL APPLICATION IS RECEIVED BY THE SAA19 AND SHALL BE CONSIDERED FOR RESERVATIONS OF TAX CREDITS IN THE20 EVENT THAT ADDITIONAL CREDITS BECOME AVAILABLE PURSUANT TO21 SUBSECTION (5)(b) OF THIS SECTION.22 (d) (I) I F THE SAA RESERVES CREDITS FOR THE BENEFIT OF A23 QUALIFIED TAXPAYER, THE SAA SHALL NOTIFY THE QUALIFIED TAXPAYER24 OF THE RESERVATION AND THE AMOUNT RESERVED . THE RESERVATION OF25 TAX CREDITS DOES NOT ENTITLE THE QUALIFIED TAXPAYER TO AN26 ISSUANCE OF A TAX CREDIT CERTIFICATE UNTIL THE QUALIFIED TAXPAYER27 1439 -7- COMPLIES WITH ALL OF THE REQUIREMENTS OF THIS SECTION OR1 STANDARDS OF THE SAA FOR THE ISSUANCE OF A TAX CREDIT2 CERTIFICATE.3 (II) T HE SAA SHALL NOTIFY ANY QUALIFIED TAXPAYER FOR4 WHICH THE SAA DID NOT RESERVE A CREDIT UNDER SUBSECTION (4)(c) OF5 THIS SECTION OF ITS DECISION IN WRITING. IF THE SAA DETERMINES THAT6 A QUALIFIED TAXPAYER'S APPLICATION IS INCOMPLETE OR THAT THE7 APPLICATION DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS8 SECTION OR THE STANDARDS ESTABLISHED BY THE SAA, THE SAA SHALL9 REMOVE THE APPLICATION FROM THE REVIEW PROCESS AND NOTIFY THE10 QUALIFIED TAXPAYER IN WRITING OF ITS DECISION.11 (5) (a) (I) A QUALIFIED TAXPAYER SHALL SUBMIT AN APPLICATION12 TO THE SAA FOR AN INCOME TAX CREDIT CERTIFICATE TO CLAIM THE13 CREDIT ALLOWED BY THIS SECTION ON A FORM AND IN A MANNER14 PRESCRIBED BY THE SAA. THE APPLICATION MUST INCLUDE IDENTIFYING15 INFORMATION FOR EACH APPRENTICE EMPLOYED IN THE STATE FOR WHICH16 THE QUALIFIED TAXPAYER IS SUBMITTING AN APPLICATION FOR A TAX17 CREDIT, THE AMOUNT OF CREDIT REQUESTED , AND SUFFICIENT18 INFORMATION TO ALLOW THE SAA TO MAKE A DETERMINATION THAT :19 (A) T HE TAXPAYER MEETS THE REQUIREMENTS SET FORTH IN THIS20 SECTION;21 (B) T HE APPRENTICE FOR WHOM THE APPLICATION IS SUBMITTED22 MEETS THE STANDARDS SET FORTH IN ARTICLE 15.7 OF TITLE 8; AND23 (C) T HE APPRENTICE FOR WHOM THE APPLICATION IS SUBMITTED24 HAS NOT BEEN THE SUBJECT OF A TAXPAYER 'S APPLICATION FOR MORE25 THAN TWO INCOME TAX YEARS .26 (II) E XCEPT AS PROVIDED IN SUBSECTION (5)(b)(II) OF THIS27 1439 -8- SECTION, THE SAA:1 (A) M AY ISSUE ONE INCOME TAX CREDIT CERTIFICATE PER INCOME2 TAX YEAR TO EACH QUALIFIED TAXPAYER THAT , AT A MINIMUM, SPECIFIES3 THE TAXPAYER'S IDENTIFYING INFORMATION AND THE TOTAL AMOUNT OF4 THE CREDIT ALLOWED; AND5 (B) S HALL NOT ISSUE AN INCOME TAX CREDIT CERTIFICATE IN6 EXCESS OF THE AMOUNT RESERVED FOR THE QUALIFIED TAXPAYER FOR7 THE CALENDAR YEAR PURSUANT TO SUBSECTION (4) OF THIS SECTION.8 (b) I F THE ACTUAL AGGREGATE AMOUNT OF INCOME TAX CREDIT9 CERTIFICATES ISSUED FOR A CALENDAR YEAR IS LESS THAN THE MAXIMUM10 AGGREGATE AMOUNT OF CREDITS ALLOWED TO BE RESERVED FOR ALL11 QUALIFIED TAXPAYERS, THE SAA SHALL APPLY THE REMAINING BALANCE12 IN THE FOLLOWING ORDER:13 (I) R ESERVE THE REMAINING BALANCE FOR ANY APPLICATIONS14 PENDING IN ORDER OF PRIORITY PURSUANT TO SUBSECTION (4)(c)(III) OF15 THIS SECTION; AND16 (II) I SSUE AN ADDITIONAL TAX CREDIT CERTIFICATE UP TO THE17 AMOUNT ALLOWED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION TO18 ANY QUALIFIED TAXPAYER WHOSE ACTUAL CREDIT EARNED EXCEEDED THE19 AMOUNT RESERVED PURSUANT TO SUBSECTION (4) OF THIS SECTION.20 21 (c) (I) T HE SAA SHALL MAINTAIN A DATABASE OF ANY22 INFORMATION DETERMINED NECESSARY BY THE SAA TO EVALUATE THE23 EFFECTIVENESS OF THE INCOME TAX CREDIT ALLOWED IN THIS SECTION IN24 MEETING THE PURPOSE SET FORTH IN SUBSECTION (1)(b) OF THIS SECTION25 AND SHALL PROVIDE SUCH INFORMATION , AND ANY OTHER INFORMATION26 THAT MAY BE NEEDED, IF AVAILABLE, TO THE STATE AUDITOR AS PART OF27 1439 -9- THE STATE AUDITOR'S EVALUATION OF THE TAX EXPENDITURE REQUIRED1 BY SECTION 39-21-305.2 (II) T HE SAA SHALL, IN A SUFFICIENTLY TIMELY MANNER TO3 ALLOW THE DEPARTMENT TO PROCESS RETURNS CLAIMING THE INCOME4 TAX CREDIT ALLOWED IN THIS SECTION, PROVIDE THE DEPARTMENT WITH5 AN ELECTRONIC REPORT FOR THE PRECEDING TAX YEAR LISTING EACH6 QUALIFIED TAXPAYER TO WHICH THE SAA ISSUED AN INCOME TAX CREDIT7 CERTIFICATE AND THAT INCLUDES THE FOLLOWING INFORMATION :8 (A) T HE TAXPAYER'S NAME;9 (B) T HE AMOUNT OF THE INCOME TAX CREDIT THAT THE TAX10 CREDIT CERTIFICATE INDICATES THE TAXPAYER IS ELIGIBLE TO CLAIM; AND11 (C) T HE TAXPAYER'S SOCIAL SECURITY NUMBER OR THE12 TAXPAYER'S COLORADO ACCOUNT NUMBER AND FEDERAL EMPLOYER13 IDENTIFICATION NUMBER.14 (III) (A) THE SAA SHALL PRESCRIBE FORMS AND PROMULGATE15 RULES PURSUANT TO ARTICLE 4 OF TITLE 24 ESTABLISHING THE16 STANDARDS FOR WHICH AN INCOME TAX CREDIT CERTIFICATE UNDER THIS17 SUBSECTION (5) IS ISSUED.18 (B) IN ESTABLISHING THE STANDARDS REQUIRED BY SECTION19 (5)(c)(III)(A) OF THIS SECTION, THE SAA SHALL OBTAIN INPUT FROM20 EMPLOYERS AND APPRENTICES ON ELEMENTS OF PROGRAM QUALITY FOR21 REGISTERED APPRENTICESHIP PROGRAMS IN NEW AND EMERGING22 INDUSTRIES.23 (C) QUALIFIED TAXPAYERS THAT HAVE PREVIOUSLY CLAIMED THE24 INCOME TAX CREDIT AND SEEK TO CLAIM THE INCOME TAX CREDIT IN25 FUTURE TAX YEARS SHALL PROVIDE INFORMATION REGARDING HOW THEY26 HAVE SATISFIED THE STANDARDS ISSUED PURSUANT TO SECTION27 1439 -10- (5)(c)(III)(A) OF THIS SECTION RELATED TO PROGRAM QUALITY IN THEIR1 REAPPLICATION FOR THE INCOME TAX CREDIT .2 (IV) THE SAA SHALL CONDUCT OUTREACH TO SMALL BUSINESSES3 TO ENSURE THEY ARE AWARE OF THE TAX CREDIT AND PROVIDE4 TECHNICAL ASSISTANCE TO MINIMIZE THE ADMINISTRATIVE BURDEN OF5 SUBMITTING AN APPLICATION FOR THE RESERVATION OF A TAX CREDIT .6 (6) T O CLAIM THE CREDIT AUTHORIZED BY THIS SECTION , A7 TAXPAYER SHALL FILE THE INCOME TAX CREDIT CERTIFICATE WITH THE8 TAXPAYER'S STATE INCOME TAX RETURN . THE AMOUNT OF THE CREDIT9 THAT THE TAXPAYER MAY CLAIM PURSUANT TO THIS SECTION IS THE10 AMOUNT STATED ON THE INCOME TAX CREDIT CERTIFICATE .11 (7) I F A TAXPAYER CLAIMS THE CREDIT ALLOWED IN THIS SECTION ,12 THE TAXPAYER SHALL NOT CLAIM A CREDIT FOR THE SAME APPRENTICE13 PURSUANT TO SECTION 39-22-531, 39-30-105.1, OR 39-30.5-105.14 (8) I F AN INCOME TAX CREDIT AUTHORIZED IN THIS SECTION15 EXCEEDS THE INCOME TAX DUE ON THE INCOME OF THE TAXPAYER FOR16 THE TAXABLE YEAR , THE EXCESS CREDIT SHALL NOT BE CARRIED17 FORWARD AND MUST BE REFUNDED TO THE TAXPAYER .18 (9) T HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2037.19 SECTION 2. In Colorado Revised Statutes, 39-22-520, amend20 (2)(a); and add (4) as follows:21 39-22-520. Credit against tax - investment in school-to-career22 program - definitions - repeal. (2) (a) For income tax years beginning23 on or after January 1, 1997, AND PRIOR TO JANUARY 1, 2025, there shall24 be allowed to any person as a credit against the tax imposed by this article25 ARTICLE 22 an amount equal to ten percent of the total qualified26 investment made in a qualified school-to-career program.27 1439 -11- (4) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2034.1 SECTION 3. In Colorado Revised Statutes, 8-15.7-102, add2 (1)(s) as follows:3 8-15.7-102. State apprenticeship agency - created - director -4 powers and duties - rules - repeal. (1) There is created in the5 department the state apprenticeship agency. The executive director shall6 appoint a director of the SAA. The SAA shall:7 (s) (I) R EVIEW APPLICATIONS FOR AND ISSUE INCOME TAX CREDIT8 CERTIFICATES AS SPECIFIED IN SECTION 39-22-560 AND PROMULGATE9 RULES TO ESTABLISH STANDARDS FOR THE CERTIFICATES .10 (II) T HIS SUBSECTION (1)(s) IS REPEALED, EFFECTIVE DECEMBER11 31, 2037.12 SECTION 4. In Colorado Revised Statutes, add parts 2 and 3 to13 article 15.7 of title 8 as follows:14 PART 215 SCALE-UP GRANT PROGRAM16 8-15.7-201. Definitions. A S USED IN THIS PART 2:17 (1) "A PPLICANT" MEANS A PERSON THAT APPLIES TO RECEIVE A18 GRANT FROM THE SCALE-UP GRANT PROGRAM.19 (2) "S CALE-UP GRANT FUND" OR "FUND" MEANS THE SCALE-UP20 GRANT FUND CREATED IN SECTION 8-15.7-205.21 (3) "S CALE-UP GRANT PROGRAM" OR "GRANT PROGRAM" MEANS22 THE SCALE-UP GRANT PROGRAM CREATED IN SECTION 8-15.7-202.23 8-15.7-202. Scale-up grant program - creation - application24 process - data. (1) O N OR BEFORE JANUARY 1, 2025, THE DEPARTMENT25 SHALL ESTABLISH THE SCALE-UP GRANT PROGRAM TO ESTABLISH NEW26 REGISTERED APPRENTICESHIP PROGRAMS OR EXPAND EXISTING PROGRAMS27 1439 -12- IN COLORADO.1 (2) T HE DEPARTMENT SHALL:2 (a) C REATE AN APPLICATION PROCESS THROUGH WHICH IT SELECTS3 GRANT RECIPIENTS TO PARTICIPATE IN THE GRANT PROGRAM , WITH THE4 GOAL OF ACCELERATING NEW APPRENTICESHIP PROGRAM GROWTH ,5 DIVERSIFYING PARTICIPANTS IN APPRENTICESHIP PROGRAMS , AND6 DIVERSIFYING THE GEOGRAPHIC DISTRIBUTION OF APPRENTICESHIP7 PROGRAMS, ESPECIALLY IN HIGH-PRIORITY, HIGH-DEMAND INDUSTRIES,8 WHILE ENSURING QUALITY STANDARDS ;9 (b) S ELECT GRANT RECIPIENTS THAT ARE EMPLOYERS OR SPONSORS10 THAT:11 (I) P LAN TO DEVELOP AND REGISTER A NEW REGISTERED12 APPRENTICESHIP PROGRAM; OR13 (II) C URRENTLY OFFER A REGISTERED APPRENTICESHIP PROGRAM14 AND PLAN TO EXPAND IT;15 (c) O UTLINE PERFORMANCE EXPECTATIONS FOR GRANT RECIPIENTS16 PARTICIPATING IN THE GRANT PROGRAM , INCLUDING MAINTAINING17 ACCURATE AND TIMELY DATA IN THE FEDERAL REGISTERED18 APPRENTICESHIP PARTNERS INFORMATION DATABASE SYSTEM , OR A19 SUCCESSOR DATABASE; AND20 (d) C OLLECT DATA CONCERNING THE GRANT PROGRAM ,21 INCLUDING:22 (I) T HE NUMBER OF EMPLOYERS BENEFITING FROM THE GRANT23 PROGRAM;24 (II) T HE NUMBER OF APPRENTICES BENEFITING FROM THE GRANT25 PROGRAM;26 (III) THE WAGES FOR APPRENTICES BENEFITING FROM THE GRANT27 1439 -13- PROGRAM;1 (IV) THE DEMOGRAPHICS OF THE APPRENTICES SERVED BY THE2 GRANT RECIPIENTS; AND3 (V) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE4 DEPARTMENT.5 8-15.7-203. Applicants. (1) A N APPLICANT SHALL SUBMIT AN6 APPLICATION TO THE DEPARTMENT IN A FORM AND MANNER ESTABLISHED7 BY THE DEPARTMENT THAT IS DESIGNED TO MAXIMIZE PARTICIPATION . IN8 THE APPLICATION, THE APPLICANT SHALL:9 (a) P ROVIDE A DETAILED PROPOSAL AND OPERATIONS PLAN FOR10 THE GROWTH OR DEVELOPMENT OF A REGISTERED APPRENTICESHIP11 PROGRAM; AND12 (b) S UBMIT ANY OTHER INFORMATION DEEMED APPROPRIATE BY13 THE DEPARTMENT.14 (2) A PPLICANTS MUST NOT HAVE RECEIVED OR HAVE BEEN15 SELECTED TO RECEIVE FUNDING FROM THE QUALIFIED APPRENTICESHIP16 INTERMEDIARY GRANT PROGRAM PURSUANT TO SECTION 8-15.7-302.17 8-15.7-204. Report. O N OR BEFORE DECEMBER 31, 2026, THE18 DEPARTMENT SHALL SUBMIT A REPORT COMPILING THE INFORMATION19 COLLECTED PURSUANT TO SECTION 8-15.7-202 (2)(d) TO THE HOUSE OF20 REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE21 SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR22 SUCCESSOR COMMITTEES.23 8-15.7-205. Scale-up grant fund - creation - gifts, grants, or24 donations - transfer. (1) T HERE IS CREATED IN THE STATE TREASURY25 THE SCALE-UP GRANT FUND. MONEY IN THE FUND IS ANNUALLY26 APPROPRIATED TO THE DEPARTMENT TO IMPLEMENT THE GRANT PROGRAM27 1439 -14- AND PAY FOR THE DEPARTMENT 'S DIRECT AND INDIRECT COSTS IN1 ADMINISTERING THE GRANT PROGRAM .2 (2) O N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER TWO3 MILLION DOLLARS FROM THE GENERAL FUND TO THE SCALE -UP GRANT4 FUND.5 (3) T HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,6 GRANTS, AND DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE7 PURPOSES OF THIS PART 2.8 (4) T HE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED9 AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF10 STATE FISCAL YEAR 2026-27 TO THE GENERAL FUND.11 8-15.7-206. Repeal of part. T HIS PART 2 IS REPEALED, EFFECTIVE12 J ULY 1, 2027.13 PART 314 QUALIFIED APPRENTICESHIP INTERMEDIARY15 GRANT PROGRAM16 8-15.7-301. Definitions. A S USED IN THIS PART 3:17 (1) "A PPLICANT" MEANS A PERSON THAT APPLIES TO RECEIVE A18 GRANT FROM THE QUALIFIED APPRENTICESHIP INTERMEDIARY GRANT19 PROGRAM.20 (2) "Q UALIFIED APPRENTICESHIP INTERMEDIARY " HAS THE SAME21 MEANING AS "QUALIFIED INTERMEDIARY" AS SET FORTH IN SECTION22 8-15.7-101 (11).23 (3) "Q UALIFIED APPRENTICESHIP INTERMEDIARY GRANT FUND " OR24 " FUND" MEANS THE QUALIFIED APPRENTICESHIP INTERMEDIARY GRANT25 FUND CREATED IN SECTION 8-15.7-305.26 (4) "Q UALIFIED APPRENTICESHIP INTERMEDIARY GRANT PROGRAM "27 1439 -15- OR "GRANT PROGRAM " MEANS THE QUALIFIED APPRENTICESHIP1 INTERMEDIARY GRANT PROGRAM CREATED IN SECTION 8-15.7-302.2 8-15.7-302. Qualified apprenticeship intermediary grant3 program - creation - application process - data. (1) O N OR BEFORE4 J ANUARY 1, 2025, THE DEPARTMENT SHALL ESTABLISH THE QUALIFIED5 APPRENTICESHIP INTERMEDIARY GRANT PROGRAM TO SUPPORT ENTITIES6 THAT DEMONSTRATE EXPERTISE IN CONNECTING EMPLOYERS OR7 APPRENTICESHIP PROGRAM PARTICIPANT S TO REGISTERED APPRENTICESHIP8 PROGRAMS OR IN CONVENING STAKEHOLDERS TO DEVELOP REGISTERED9 APPRENTICESHIP PROGRAMS.10 (2) T HE DEPARTMENT SHALL:11 (a) C REATE AN APPLICATION PROCESS THROUGH WHICH IT SELECTS12 GRANT RECIPIENTS TO PARTICIPATE IN THE GRANT PROGRAM , WITH THE13 GOAL OF EXPANDING APPRENTICESHIP PROGRAMS , DIVERSIFYING14 PARTICIPANTS IN APPRENTICESHIP PROGRAMS , AND DIVERSIFYING15 GEOGRAPHIC DISTRIBUTION OF APPRENTICESHIP PROGRAMS , ESPECIALLY16 IN HIGH-PRIORITY, HIGH-DEMAND INDUSTRIES, WHILE ENSURING QUALITY17 STANDARDS;18 (b) S ELECT AND PRIORITIZE GRANT PROGRAM RECIPIENTS BASED19 ON:20 (I) A N APPLICANT'S RECORD OF SUCCESS IN SUPPORTING JOB21 SEEKERS, APPRENTICES, EMPLOYERS, AND SPONSORS;22 (II) T HE REGIONAL DIVERSITY OF THE AREAS SERVED BY AN23 APPLICANT;24 (III) T HE DIVERSITY OF POPULATIONS SERVED BY AN APPLICANT ;25 AND26 (IV) H OW THE REGISTERED APPRENTICESHIP PROGRAMS SERVED27 1439 -16- BY THE APPLICANT MEET TALENT NEEDS IN HIGH-PRIORITY, HIGH-DEMAND1 INDUSTRIES;2 (c) O UTLINE PERFORMANCE EXPECTATIONS FOR GRANT RECIPIENTS3 PARTICIPATING IN THE GRANT PROGRAM ; AND4 (d) C OLLECT DATA CONCERNING THE GRANT PROGRAM THAT5 INCLUDES:6 (I) T HE NUMBER OF EMPLOYERS BENEFITING FROM THE GRANT7 PROGRAM;8 (II) T HE NUMBER OF APPRENTICES BENEFITING FROM THE GRANT9 PROGRAM;10 (III) T HE DEMOGRAPHICS OF THE APPRENTICES SERVED BY THE11 GRANT RECIPIENTS;12 (IV) A DESCRIPTION OF THE SERVICES PROVIDED BY THE GRANT13 RECIPIENT;14 (V) T HE NAMES OF THE REGISTERED APPRENTICESHIP PROGRAMS15 AND OCCUPATIONS IMPACTED BY THE SERVICES PROVIDED BY THE GRANT16 RECIPIENT; AND17 (VI) A NY OTHER INFORMATION DEEMED APPROPRIATE BY THE18 DEPARTMENT.19 (3) G RANT RECIPIENTS SHALL NOT USE MONEY FROM THE GRANT20 PROGRAM FOR APPRENTICE WAGES .21 8-15.7-303. Application. (1) A N APPLICANT SHALL SUBMIT AN22 APPLICATION TO THE DEPARTMENT IN A FORM AND MANNER ESTABLISHED23 BY THE DEPARTMENT THAT IS DESIGNED TO MAXIMIZE PARTICIPATION . IN24 THE APPLICATION, THE APPLICANT SHALL:25 (a) D ESCRIBE HOW THE GRANT WILL BE USED TO EXPAND OR26 DIVERSIFY REGISTERED APPRENTICESHIP PROGRAMS IN COLORADO; AND27 1439 -17- (b) SUBMIT ANY OTHER INFORMATION DEEMED APPROPRIATE BY1 THE DEPARTMENT.2 (2) A N APPLICANT MUST:3 (a) B E A QUALIFIED APPRENTICESHIP INTERMEDIARY ; AND4 (b) A PPLICANTS MUST NOT HAVE RECEIVED OR HAVE BEEN5 SELECTED TO RECEIVE FUNDING FROM THE SCALE -UP GRANT PROGRAM6 PURSUANT TO SECTION 8-15.7-202.7 (3) THE SAA SHALL POST A LIST OF THE TYPES OF ENTITIES8 ELIGIBLE TO APPLY TO THE GRANT PROGRAM ON THE SAA'S WEBSITE,9 INCLUDING LABOR MANAGEMENT TRAINING PARTNERSHIPS ,10 MULTIEMPLOYER APPRENTICESHIP SPONSORS, ECONOMIC DEVELOPMENT11 ORGANIZATIONS, APPRENTICESHIP TRAINING COMMITTEES , LOCAL12 WORKFORCE BOARDS, LOCAL SCHOOL DISTRICTS OR BOARDS OF13 COOPERATIVE SERVICES, INDUSTRY OR TRADE ASSOCIATIONS, NONPROFIT14 ORGANIZATIONS, AND COMMUNITY COLLEGES .15 8-15.7-304. Report. O N OR BEFORE DECEMBER 31, 2026, THE16 DEPARTMENT SHALL SUBMIT A REPORT COMPILING THE INFORMATION17 COLLECTED PURSUANT TO SECTION 8-15.7-302 (2)(d) TO THE HOUSE OF18 REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE19 SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR20 SUCCESSOR COMMITTEES.21 8-15.7-305. Qualified apprenticeship intermediary grant fund22 - creation - transfer - gifts, grants, or donations. (1) T HERE IS23 CREATED IN THE STATE TREASURY THE QUALIFIED APPRENTICESHIP24 INTERMEDIARY GRANT FUND . MONEY IN THE FUND IS CONTINUOUSLY25 APPROPRIATED TO THE DEPARTMENT TO IMPLEMENT THE GRANT PROGRAM26 AND PAY FOR THE DEPARTMENT 'S DIRECT AND INDIRECT COSTS IN27 1439 -18- ADMINISTERING THE GRANT PROGRAM .1 (2) O N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER TWO2 MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .3 (3) T HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,4 GRANTS, AND DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE5 PURPOSES OF THIS PART 3.6 (4) T HE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED7 AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF8 STATE FISCAL YEAR 2026-27 TO THE GENERAL FUND.9 8-15.7-306. Repeal of part. T HIS PART 3 IS REPEALED, EFFECTIVE10 J ULY 1, 2027.11 SECTION 5. Appropriation. (1) For the 2024-25 state fiscal12 year, $103,515 is appropriated to the department of labor and employment13 for use by the office of future of work. This appropriation is from the14 general fund and is based on an assumption that the office will require an15 additional 0.8 FTE. To implement this act, the office may use this16 appropriation for program costs.17 (2) For the 2024-25 state fiscal year, $1,333,333 is appropriated18 to the department of labor and employment for use by the office of future19 of work. Of this appropriation, $666,666 is from the scale-up grant fund20 created in section 8-15.7-205 (1), C.R.S., and $666,667 is from the21 qualified apprenticeship intermediary grant fund created in section22 8-15.7-305 (1), C.R.S, and is based on an assumption that the office will23 require an additional 2.5 FTE. To implement this act, the office may use24 this appropriation for program costs.25 SECTION 6. Safety clause. The general assembly finds,26 determines, and declares that this act is necessary for the immediate27 1439 -19- preservation of the public peace, health, or safety or for appropriations for1 the support and maintenance of the departments of the state and state2 institutions.3 1439 -20-