Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 24-1124.01 Josh Schultz x5486 HOUSE BILL 24-1439 House Committees Senate Committees Finance Finance Appropriations 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 SENATE Amended 2nd Reading May 4, 2024 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 FIFTEEN MILLION DOLLARS PER1 CALENDAR YEAR. THE SAA MAY RESERVE CREDITS FOR THE CURRENT OR2 ANY FUTURE CALENDAR YEAR BASED UPON THE EXPECTED EMPLOYMENT3 DATES INDICATED IN A QUALIFIED TAXPAYER 'S APPLICATION. FOR A4 QUALIFIED TAXPAYER WHOSE INCOME TAX YEAR IS NOT A CALENDAR5 YEAR, THE RESERVATION IS EFFECTIVE FOR THE INCOME TAX YEAR THAT6 BEGINS DURING THE CALENDAR YEAR FOR THE RESERVATION .7 (III) I F, FOR ANY CALENDAR YEAR, THE AGGREGATE AMOUNT OF8 RESERVATIONS FOR TAX CREDITS THE SAA HAS APPROVED IS EQUAL TO9 THE TOTAL AMOUNT OF TAX CREDITS AVAILABLE FOR RESERVATION FOR10 A CURRENT OR FUTURE CALENDAR YEAR , THE SAA SHALL NOTIFY ALL11 QUALIFIED TAXPAYERS T HAT HAVE SUBMITTED APPLICATIONS THEN12 AWAITING APPROVAL OR THAT HAVE SUBMITTED APPLICATIONS FOR13 APPROVAL AFTER THE CALCULATION IS MADE THAT ADDITIONAL14 APPROVALS OF APPLICATIONS FOR RESERVATIONS OF TAX CREDITS SHALL15 NOT BE GRANTED FOR THE CALENDAR YEAR . THE PENDING APPLICATIONS16 MUST REMAIN PENDING IN THE ORDER RECEIVED FOR UP TO TWO YEARS17 AFTER THE DATE THE ORIGINAL APPLICATION IS RECEIVED BY THE SAA18 AND SHALL BE CONSIDERED FOR RESERVATIONS OF TAX CREDITS IN THE19 EVENT THAT ADDITIONAL CREDITS BECOME AVAILABLE PURSUANT TO20 SUBSECTION (5)(b) OF THIS SECTION.21 (d) (I) I F THE SAA RESERVES CREDITS FOR THE BENEFIT OF A22 QUALIFIED TAXPAYER, THE SAA SHALL NOTIFY THE QUALIFIED TAXPAYER23 OF THE RESERVATION AND THE AMOUNT RESERVED . THE RESERVATION OF24 TAX CREDITS DOES NOT ENTITLE THE QUALIFIED TAXPAYER TO AN25 ISSUANCE OF A TAX CREDIT CERTIFICATE UNTIL THE QUALIFIED TAXPAYER26 COMPLIES WITH ALL OF THE REQUIREMENTS OF THIS SECTION OR27 1439 -7- STANDARDS OF THE SAA FOR THE ISSUANCE OF A TAX CREDIT1 CERTIFICATE.2 (II) T HE SAA SHALL NOTIFY ANY QUALIFIED TAXPAYER FOR3 WHICH THE SAA DID NOT RESERVE A CREDIT UNDER SUBSECTION (4)(c) OF4 THIS SECTION OF ITS DECISION IN WRITING. IF THE SAA DETERMINES THAT5 A QUALIFIED TAXPAYER'S APPLICATION IS INCOMPLETE OR THAT THE6 APPLICATION DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS7 SECTION OR THE STANDARDS ESTABLISHED BY THE SAA, THE SAA SHALL8 REMOVE THE APPLICATION FROM THE REVIEW PROCESS AND NOTIFY THE9 QUALIFIED TAXPAYER IN WRITING OF ITS DECISION.10 (5) (a) (I) A QUALIFIED TAXPAYER SHALL SUBMIT AN APPLICATION11 TO THE SAA FOR AN INCOME TAX CREDIT CERTIFICATE TO CLAIM THE12 CREDIT ALLOWED BY THIS SECTION ON A FORM AND IN A M ANNER13 PRESCRIBED BY THE SAA. THE APPLICATION MUST INCLUDE IDENTIFYING14 INFORMATION FOR EACH APPRENTICE EMPLOYED IN THE STATE FOR WHICH15 THE QUALIFIED TAXPAYER IS SUBMITTING AN APPLICATION FOR A TAX16 CREDIT, THE AMOUNT OF CREDIT REQUESTED , AND SUFFICIENT17 INFORMATION TO ALLOW THE SAA TO MAKE A DETERMINATION THAT :18 (A) T HE TAXPAYER MEETS THE REQUIREMENTS SET FORTH IN THIS19 SECTION;20 (B) T HE APPRENTICE FOR WHOM THE APPLICATION IS SUBMITTED21 MEETS THE STANDARDS SET FORTH IN ARTICLE 15.7 OF TITLE 8; AND22 (C) T HE APPRENTICE FOR WHOM THE APPLICATION IS SUBMITTED23 HAS NOT BEEN THE SUBJECT OF A TAXPAYER 'S APPLICATION FOR MORE24 THAN TWO INCOME TAX YEARS .25 (II) E XCEPT AS PROVIDED IN SUBSECTION (5)(b)(II) OF THIS26 SECTION, THE SAA:27 1439 -8- (A) MAY ISSUE ONE INCOME TAX CREDIT CERTIFICATE PER INCOME1 TAX YEAR TO EACH QUALIFIED TAXPAYER THAT , AT A MINIMUM, SPECIFIES2 THE TAXPAYER'S IDENTIFYING INFORMATION AND THE TOTAL AMOUNT OF3 THE CREDIT ALLOWED; AND4 (B) S HALL NOT ISSUE AN INCOME TAX CREDIT CERTIFICATE IN5 EXCESS OF THE AMOUNT RESERVED FOR THE QUALIFIED TAXPAYER FOR6 THE CALENDAR YEAR PURSUANT TO SUBSECTION (4) OF THIS SECTION.7 (b) I F THE ACTUAL AGGREGATE AMOUNT OF INCOME TAX CREDIT8 CERTIFICATES ISSUED FOR A CALENDAR YEAR IS LESS THAN THE MAXIMUM9 AGGREGATE AMOUNT OF CREDITS ALLOWED TO BE RESERVED FOR ALL10 QUALIFIED TAXPAYERS, THE SAA SHALL APPLY THE REMAINING BALANCE11 IN THE FOLLOWING ORDER:12 (I) R ESERVE THE REMAINING BALANCE FOR ANY APPLICATIONS13 PENDING IN ORDER OF PRIORITY PURSUANT TO SUBSECTION (4)(c)(III) OF14 THIS SECTION; AND15 (II) I SSUE AN ADDITIONAL TAX CREDIT CERTIFICATE UP TO THE16 AMOUNT ALLOWED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION TO17 ANY QUALIFIED TAXPAYER WHOSE ACTUAL CREDIT EARNED EXCEEDED THE18 AMOUNT RESERVED PURSUANT TO SUBSECTION (4) OF THIS SECTION.19 20 (c) (I) T HE SAA SHALL MAINTAIN A DATABASE OF ANY21 INFORMATION DETERMINED NECESSARY BY THE SAA TO EVALUATE THE22 EFFECTIVENESS OF THE INCOME TAX CREDIT ALLOWED IN THIS SECTION IN23 MEETING THE PURPOSE SET FORTH IN SUBSECTION (1)(b) OF THIS SECTION24 AND SHALL PROVIDE SUCH INFORMATION , AND ANY OTHER INFORMATION25 THAT MAY BE NEEDED, IF AVAILABLE, TO THE STATE AUDITOR AS PART OF26 THE STATE AUDITOR'S EVALUATION OF THE TAX EXPENDITURE REQUIRED27 1439 -9- BY SECTION 39-21-305.1 (II) T HE SAA SHALL, IN A SUFFICIENTLY TIMELY MANNER TO2 ALLOW THE DEPARTMENT TO PROCESS RETURNS CLAIMING THE INCOME3 TAX CREDIT ALLOWED IN THIS SECTION, PROVIDE THE DEPARTMENT WITH4 AN ELECTRONIC REPORT FOR THE PRECEDING TAX YEAR LISTING EACH5 QUALIFIED TAXPAYER TO WHICH THE SAA ISSUED AN INCOME TAX CREDIT6 CERTIFICATE AND THAT INCLUDES THE FOLLOWING INFORMATION :7 (A) T HE TAXPAYER'S NAME;8 (B) T HE AMOUNT OF THE INCOME TAX CREDIT THAT THE TAX9 CREDIT CERTIFICATE INDICATES THE TAXPAYER IS ELIGIBLE TO CLAIM; AND10 (C) T HE TAXPAYER'S SOCIAL SECURITY NUMBER OR THE11 TAXPAYER'S COLORADO ACCOUNT NUMBER AND FEDERAL EMPLOYER12 IDENTIFICATION NUMBER.13 (III) (A) THE SAA SHALL PRESCRIBE FORMS AND PROMULGATE14 RULES PURSUANT TO ARTICLE 4 OF TITLE 24 ESTABLISHING THE15 STANDARDS FOR WHICH AN INCOME TAX CREDIT CERTIFICATE UNDER THIS16 SUBSECTION (5) IS ISSUED.17 (B) IN ESTABLISHING THE STANDARDS REQUIRED BY SECTION18 (5)(c)(III)(A) OF THIS SECTION, THE SAA SHALL OBTAIN INPUT FROM19 EMPLOYERS AND APPRENTICES ON ELEMENTS OF PROGRAM QUALITY FOR20 REGISTERED APPRENTICESHIP PROGRAMS IN NEW AND EMERGING21 INDUSTRIES.22 (C) QUALIFIED TAXPAYERS THAT HAVE PREVIOUSLY CLAIMED THE23 INCOME TAX CREDIT AND SEEK TO CLAIM THE INCOME TAX CREDIT IN24 FUTURE TAX YEARS SHALL PROVIDE INFORMATION REGARDING HOW THEY25 HAVE SATISFIED THE STANDARDS ISSUED PURSUANT TO SECTION26 (5)(c)(III)(A) OF THIS SECTION RELATED TO PROGRAM QUALITY IN THEIR27 1439 -10- REAPPLICATION FOR THE INCOME TAX CREDIT .1 (IV) THE SAA SHALL CONDUCT OUTREACH TO SMALL BUSINESSES2 TO ENSURE THEY ARE AWARE OF THE TAX CREDIT AND PROVIDE3 TECHNICAL ASSISTANCE TO MINIMIZE THE ADMINISTRATIVE BURDEN OF4 SUBMITTING AN APPLICATION FOR THE RESERVATION OF A TAX CREDIT .5 (6) T O CLAIM THE CREDIT AUTHORIZED BY THIS SECTION , A6 TAXPAYER SHALL FILE THE INCOME TAX CREDIT CERTIFICATE WITH THE7 TAXPAYER'S STATE INCOME TAX RETURN . THE AMOUNT OF THE CREDIT8 THAT THE TAXPAYER MAY CLAIM PURSUANT TO THIS SECTION IS THE9 AMOUNT STATED ON THE INCOME TAX CREDIT CERTIFICATE .10 (7) I F A TAXPAYER CLAIMS THE CREDIT ALLOWED IN THIS SECTION ,11 THE TAXPAYER SHALL NOT CLAIM A CREDIT FOR THE SAME APPRENTICE12 PURSUANT TO SECTION 39-22-531, 39-30-105.1, OR 39-30.5-105.13 (8) I F AN INCOME TAX CREDIT AUTHORIZED IN THIS SECTION14 EXCEEDS THE INCOME TAX DUE ON THE INCOME OF THE TAXPAYER FOR15 THE TAXABLE YEAR , THE EXCESS CREDIT SHALL NOT BE CARRIED16 FORWARD AND MUST BE REFUNDED TO THE TAXPAYER .17 (9) T HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2037.18 SECTION 2. In Colorado Revised Statutes, 39-22-520, amend19 (2)(a); and add (4) as follows:20 39-22-520. Credit against tax - investment in school-to-career21 program - definitions - repeal. (2) (a) For income tax years beginning22 on or after January 1, 1997, AND PRIOR TO JANUARY 1, 2025, there shall23 be allowed to any person as a credit against the tax imposed by this article24 ARTICLE 22 an amount equal to ten percent of the total qualified25 investment made in a qualified school-to-career program.26 (4) T HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2034.27 1439 -11- SECTION 3. In Colorado Revised Statutes, 8-15.7-102, add1 (1)(s) as follows:2 8-15.7-102. State apprenticeship agency - created - director -3 powers and duties - rules - repeal. (1) There is created in the4 department the state apprenticeship agency. The executive director shall5 appoint a director of the SAA. The SAA shall:6 (s) (I) R EVIEW APPLICATIONS FOR AND ISSUE INCOME TAX CREDIT7 CERTIFICATES AS SPECIFIED IN SECTION 39-22-560 AND PROMULGATE8 RULES TO ESTABLISH STANDARDS FOR THE CERTIFICATES .9 (II) T HIS SUBSECTION (1)(s) IS REPEALED, EFFECTIVE DECEMBER10 31, 2037.11 SECTION 4. In Colorado Revised Statutes, add parts 2 and 3 to12 article 15.7 of title 8 as follows:13 PART 214 SCALE-UP GRANT PROGRAM15 8-15.7-201. Definitions. A S USED IN THIS PART 2:16 (1) "A PPLICANT" MEANS A PERSON THAT APPLIES TO RECEIVE A17 GRANT FROM THE SCALE-UP GRANT PROGRAM.18 (2) "S CALE-UP GRANT FUND" OR "FUND" MEANS THE SCALE-UP19 GRANT FUND CREATED IN SECTION 8-15.7-205.20 (3) "S CALE-UP GRANT PROGRAM" OR "GRANT PROGRAM" MEANS21 THE SCALE-UP GRANT PROGRAM CREATED IN SECTION 8-15.7-202.22 8-15.7-202. Scale-up grant program - creation - application23 process - data. (1) O N OR BEFORE JANUARY 1, 2025, THE DEPARTMENT24 SHALL ESTABLISH THE SCALE-UP GRANT PROGRAM TO ESTABLISH NEW25 REGISTERED APPRENTICESHIP PROGRAMS OR EXPAND EXISTING PROGRAMS26 IN COLORADO.27 1439 -12- (2) THE DEPARTMENT SHALL:1 (a) C REATE AN APPLICATION PROCESS THROUGH WHICH IT SELECTS2 GRANT RECIPIENTS TO PARTICIPATE IN THE GRANT PROGRAM , WITH THE3 GOAL OF ACCELERATING NEW APPRENTICESHIP PROGRAM GROWTH ,4 DIVERSIFYING PARTICIPANTS IN APPRENTICESHIP PROGRAMS , AND5 DIVERSIFYING THE GEOGRAPHIC DISTRIBUTION OF APPRENTICESHIP6 PROGRAMS, ESPECIALLY IN HIGH-PRIORITY, HIGH-DEMAND INDUSTRIES,7 WHILE ENSURING QUALITY STANDARDS ;8 (b) S ELECT GRANT RECIPIENTS THAT ARE EMPLOYERS OR SPONSORS9 THAT:10 (I) P LAN TO DEVELOP AND REGISTER A NEW REGISTERED11 APPRENTICESHIP PROGRAM; OR12 (II) C URRENTLY OFFER A REGISTERED APPRENTICESHIP PROGRAM13 AND PLAN TO EXPAND IT;14 (c) O UTLINE PERFORMANCE EXPECTATIONS FOR GRANT RECIPIENTS15 PARTICIPATING IN THE GRANT PROGRAM , INCLUDING MAINTAINING16 ACCURATE AND TIMELY DATA IN THE FEDERAL REGISTERED17 APPRENTICESHIP PARTNERS INFORMATION DATABASE SYSTEM , OR A18 SUCCESSOR DATABASE; AND19 (d) C OLLECT DATA CONCERNING THE GRANT PROGRAM ,20 INCLUDING:21 (I) T HE NUMBER OF EMPLOYERS BENEFITING FROM THE GRANT22 PROGRAM;23 (II) T HE NUMBER OF APPRENTICES BENEFITING FROM THE GRANT24 PROGRAM;25 (III) THE WAGES FOR APPRENTICES BENEFITING FROM THE GRANT26 PROGRAM;27 1439 -13- (IV) THE DEMOGRAPHICS OF THE APPRENTICES SERVED BY THE1 GRANT RECIPIENTS; AND2 (V) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE3 DEPARTMENT.4 8-15.7-203. Applicants. (1) A N APPLICANT SHALL SUBMIT AN5 APPLICATION TO THE DEPARTMENT IN A FORM AND MANNER ESTABLISHED6 BY THE DEPARTMENT THAT IS DESIGNED TO MAXIMIZE PARTICIPATION . IN7 THE APPLICATION, THE APPLICANT SHALL:8 (a) P ROVIDE A DETAILED PROPOSAL AND OPERATIONS PLAN FOR9 THE GROWTH OR DEVELOPMENT OF A REGISTERED APPRENTICESHIP10 PROGRAM; AND11 (b) S UBMIT ANY OTHER INFORMATION DEEMED APPROPRIATE BY12 THE DEPARTMENT.13 (2) A PPLICANTS MUST NOT HAVE RECEIVED OR HAVE BEEN14 SELECTED TO RECEIVE FUNDING FROM THE QUALIFIED APPRENTICESHIP15 INTERMEDIARY GRANT PROGRAM PURSUANT TO SECTION 8-15.7-302.16 8-15.7-204. Report. O N OR BEFORE DECEMBER 31, 2026, THE17 DEPARTMENT SHALL SUBMIT A REPORT COMPILING THE INFORMATION18 COLLECTED PURSUANT TO SECTION 8-15.7-202 (2)(d) TO THE HOUSE OF19 REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE20 SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMI TTEE , OR THEIR21 SUCCESSOR COMMITTEES.22 8-15.7-205. Scale-up grant fund - creation - gifts, grants, or23 donations - transfer. (1) T HERE IS CREATED IN THE STATE TREASURY24 THE SCALE-UP GRANT FUND. MONEY IN THE FUND IS ANNUALLY25 APPROPRIATED TO THE DEPARTMENT TO IMPLEMENT THE GRANT PROGRAM26 AND PAY FOR THE DEPARTMENT 'S DIRECT AND INDIRECT COSTS IN27 1439 -14- 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 SCALE -UP GRANT3 FUND.4 (3) T HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,5 GRANTS, AND DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE6 PURPOSES OF THIS PART 2.7 (4) T HE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED8 AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF9 STATE FISCAL YEAR 2026-27 TO THE GENERAL FUND.10 8-15.7-206. Repeal of part. T HIS PART 2 IS REPEALED, EFFECTIVE11 J ULY 1, 2027.12 PART 313 QUALIFIED APPRENTICESHIP INTERMEDIARY14 GRANT PROGRAM15 8-15.7-301. Definitions. A S USED IN THIS PART 3:16 (1) "A PPLICANT" MEANS A PERSON THAT APPLIES TO RECEIVE A17 GRANT FROM THE QUALIFIED APPRENTICESHIP INTERMEDIARY GRANT18 PROGRAM.19 (2) "Q UALIFIED APPRENTICESHIP INTERMEDIARY " HAS THE SAME20 MEANING AS "QUALIFIED INTERMEDIARY" AS SET FORTH IN SECTION21 8-15.7-101 (11).22 (3) "Q UALIFIED APPRENTICESHIP INTERMEDIARY GRANT FUND " OR23 " FUND" MEANS THE QUALIFIED APPRENTICESHIP INTERMEDIARY GRANT24 FUND CREATED IN SECTION 8-15.7-305.25 (4) "Q UALIFIED APPRENTICESHIP INTERMEDIARY GRANT PROGRAM "26 OR "GRANT PROGRAM " MEANS THE QUALIFIED APPRENTICESHIP27 1439 -15- INTERMEDIARY GRANT PROGRAM CREATED IN SECTION 8-15.7-302.1 8-15.7-302. Qualified apprenticeship intermediary grant2 program - creation - application process - data. (1) O N OR BEFORE3 J ANUARY 1, 2025, THE DEPARTMENT SHALL ESTABLISH THE QUALIFIED4 APPRENTICESHIP INTERMEDIARY GRANT PROGRAM TO SUPPORT ENTITIES5 THAT DEMONSTRATE EXPERTISE IN CONNECTING EMPLOYERS OR6 APPRENTICESHIP PROGRAM PARTICIPANT S TO REGISTERED APPRENTICESHIP7 PROGRAMS OR IN CONVENING STAKEHOLDERS TO DEVELOP REGISTERED8 APPRENTICESHIP PROGRAMS.9 (2) T HE DEPARTMENT SHALL:10 (a) C REATE AN APPLICATION PROCESS THROUGH WHICH IT SELECTS11 GRANT RECIPIENTS TO PARTICIPATE IN THE GRANT PROGRAM , WITH THE12 GOAL OF EXP ANDING APPRENTICESHIP PROGRAMS , DIVERSIFYING13 PARTICIPANTS IN APPRENTICESHIP PROGRAMS , AND DIVERSIFYING14 GEOGRAPHIC DISTRIBUTION OF APPRENTICESHIP PROGRAMS , ESPECIALLY15 IN HIGH-PRIORITY, HIGH-DEMAND INDUSTRIES, WHILE ENSURING QUALITY16 STANDARDS;17 (b) S ELECT AND PRIORITIZE GRANT PROGRAM RECIPIENTS BASED18 ON:19 (I) A N APPLICANT'S RECORD OF SUCCESS IN SUPPORTING JOB20 SEEKERS, APPRENTICES, EMPLOYERS, AND SPONSORS;21 (II) T HE REGIONAL DIVERSITY OF THE AREAS SERVED BY AN22 APPLICANT;23 (III) T HE DIVERSITY OF POPULATIONS SERVED BY AN APPLICANT ;24 AND25 (IV) H OW THE REGISTERED APPRENTICESHIP PROGRAMS SERVED26 BY THE APPLICANT MEET TALENT NEEDS IN HIGH-PRIORITY, HIGH-DEMAND27 1439 -16- INDUSTRIES;1 (c) O UTLINE PERFORMANCE EXPECTATIONS FOR GRANT RECIPIENTS2 PARTICIPATING IN THE GRANT PROGRAM ; AND3 (d) C OLLECT DATA CONCERNING THE GRANT PROGRAM THAT4 INCLUDES:5 (I) T HE NUMBER OF EMPLOYERS BENEFITING FROM THE GRANT6 PROGRAM;7 (II) T HE NUMBER OF APPRENTICES BENEFITING FROM THE GRANT8 PROGRAM;9 (III) T HE DEMOGRAPHICS OF THE APPRENTICES SERVED BY THE10 GRANT RECIPIENTS;11 (IV) A DESCRIPTION OF THE SERVICES PROVIDED BY THE GRANT12 RECIPIENT;13 (V) T HE NAMES OF THE REGISTERED APPRENTICESHIP PROGRAMS14 AND OCCUPATIONS IMPACTED BY THE SERVICES PROVIDED BY THE GRANT15 RECIPIENT; AND16 (VI) A NY OTHER INFORMATION DEEMED APPROPRIATE BY THE17 DEPARTMENT.18 (3) G RANT RECIPIENTS SHALL NOT USE MONEY FROM THE GRANT19 PROGRAM FOR APPRENTICE WAGES .20 8-15.7-303. Application. (1) A N APPLICANT SHALL SUBMIT AN21 APPLICATION TO THE DEPARTMENT IN A FORM AND MANNER ESTABLISHED22 BY THE DEPARTMENT THAT IS DESIGNED TO MAXIMIZE PARTICIPATION . IN23 THE APPLICATION, THE APPLICANT SHALL:24 (a) D ESCRIBE HOW THE GRANT WILL BE USED TO EXPAND OR25 DIVERSIFY REGISTERED APPRENTICESHIP PROGRAMS IN COLORADO; AND26 (b) S UBMIT ANY OTHER INFORMATION DEEMED APPROPRIATE BY27 1439 -17- THE DEPARTMENT.1 (2) A N APPLICANT MUST:2 (a) B E A QUALIFIED APPRENTICESHIP INTERMEDIARY ; AND3 (b) A PPLICANTS MUST NOT HAVE RECEIVED OR HAVE BEEN4 SELECTED TO RECEIVE FUNDING FROM THE SCALE -UP GRANT PROGRAM5 PURSUANT TO SECTION 8-15.7-202.6 (3) THE SAA SHALL POST A LIST OF THE TYPES OF ENTITIES7 ELIGIBLE TO APPLY TO THE GRANT PROGRAM ON THE SAA'S WEBSITE,8 INCLUDING LABOR MANAGEMENT TRAINING PARTNERSHIPS ,9 MULTIEMPLOYER APPRENTICESHIP SPONSORS, ECONOMIC DEVELOPMENT10 ORGANIZATIONS, APPRENTICESHIP TRAINING COMMITTEES , LOCAL11 WORKFORCE BOARDS, LOCAL SCHOOL DISTRICTS OR BOARDS OF12 COOPERATIVE SERVICES, INDUSTRY OR TRADE ASSOCIATIONS, NONPROFIT13 ORGANIZATIONS, AND COMMUNITY COLLEGES .14 8-15.7-304. Report. O N OR BEFORE DECEMBER 31, 2026, THE15 DEPARTMENT SHALL SUBMIT A REPORT COMPILING THE INFORMATION16 COLLECTED PURSUANT TO SECTION 8-15.7-302 (2)(d) TO THE HOUSE OF17 REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE18 SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR19 SUCCESSOR COMMITTEES.20 8-15.7-305. Qualified apprenticeship intermediary grant fund21 - creation - transfer - gifts, grants, or donations. (1) T HERE IS22 CREATED IN THE STATE TREASURY THE QUALIFIED APPRENTICESHIP23 INTERMEDIARY GRANT FUND . MONEY IN THE FUND IS CONTINUOUSLY24 APPROPRIATED TO THE DEPARTMENT TO IMPLEMENT THE GRANT PROGRAM25 AND PAY FOR THE DEPARTMENT 'S DIRECT AND INDIRECT COSTS IN26 ADMINISTERING THE GRANT PROGRAM .27 1439 -18- (2) ON JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER TWO1 MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .2 (3) T HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,3 GRANTS, AND DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE4 PURPOSES OF THIS PART 3.5 (4) T HE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED6 AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF7 STATE FISCAL YEAR 2026-27 TO THE GENERAL FUND.8 8-15.7-306. Repeal of part. T HIS PART 3 IS REPEALED, EFFECTIVE9 J ULY 1, 2027.10 SECTION 5. Appropriation. (1) For the 2024-25 state fiscal11 year, $103,515 is appropriated to the department of labor and employment12 for use by the office of future of work. This appropriation is from the13 general fund and is based on an assumption that the office will require an14 additional 0.8 FTE. To implement this act, the office may use this15 appropriation for program costs.16 (2) For the 2024-25 state fiscal year, $1,333,333 is appropriated17 to the department of labor and employment for use by the office of future18 of work. Of this appropriation, $666,666 is from the scale-up grant fund19 created in section 8-15.7-205 (1), C.R.S., and $666,667 is from the20 qualified apprenticeship intermediary grant fund created in section21 8-15.7-305 (1), C.R.S, and is based on an assumption that the office will22 require an additional 2.5 FTE. To implement this act, the office may use23 this appropriation for program costs.24 SECTION 6. Safety clause. The general assembly finds,25 determines, and declares that this act is necessary for the immediate26 preservation of the public peace, health, or safety or for appropriations for27 1439 -19- the support and maintenance of the departments of the state and state1 institutions.2 1439 -20-