First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0256.03 Kristen Forrestal x4217 HOUSE BILL 25-1042 House Committees Senate Committees Energy & Environment A BILL FOR AN ACT C ONCERNING THE ESTABLISHMENT OF A WORKFORCE ADVISORY101 COUNCIL TO CONSIDER AIR Q UALITY CONTROL RULES THAT102 IMPACT WORKFORCE ISSUES IN AFFECTED INDUSTRIES .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 .) The bill requires the executive director of the department of public health and environment (department) to establish a workforce advisory council (council) on or before August 1, 2025, for the purposes of: ! Discussing recommendations concerning the incorporation of workforce impact analyses into the rule-making HOUSE SPONSORSHIP Bird, SENATE SPONSORSHIP Daugherty, 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. procedures for rules that impact air quality; ! Recommending standard procedures for the department and the air quality control commission (commission) to follow when conducting workforce impact analyses for inclusion in rule-making procedures; and ! Determining if the establishment of a full-time workforce advocate position would add value to the air quality control rule-making process. The bill requires the department to report the council's recommendations to the general assembly on or before January 15, 2026. After January 15, 2026, the council is required to: ! Meet at least 4 times per year; ! Continue to advise the department on the impact of proposed air quality control rules on matters related to employment; and ! Make ongoing recommendations to the governor, the department, and the commission on legislative and regulatory air quality control policies that impact employment matters. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 25-7-110.9 as2 follows:3 25-7-110.9. Workforce advisory council - creation - purpose4 - air-quality control rule-making procedures - workforce impact5 analyses - reporting - definitions. (1) A S USED IN THIS SECTION:6 (a) "C OUNCIL" MEANS THE WORKFORCE ADVISORY COUNCIL7 ESTABLISHED BY THE EXECUTIVE DIRECTOR PURSUANT TO SUBSECTION (2)8 OF THIS SECTION.9 (b) "D EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH10 AND ENVIRONMENT.11 (c) "E XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF12 THE DEPARTMENT.13 (d) "W ORKFORCE IMPACT" MEANS THE PROBABLE IMPACT OF AIR14 HB25-1042-2- QUALITY CONTROL RULES PROPOSED BY THE DEPARTMENT , COMMISSION,1 OR AIR POLLUTION CONTROL DIVISION ON EMPLOYMENT THAT MAY RESULT2 IN JOB LOSS OR GAIN, WORKER DISPLACEMENT, WORKFORCE TRANSITIONS,3 EXPANSION OR DOWNSIZING OF BUSINESSES , MAJOR INDUSTRY-WIDE4 WORKFORCE CHANGE , DISRUPTION IN OPERATIONS, OR AN ECONOMIC5 IMPACT TO THE STATE.6 (2) (a) O N OR BEFORE AUGUST 1, 2025, THE EXECUTIVE DIRECTOR7 SHALL ESTABLISH A WORKFORCE ADVISORY COUNCIL . THE PURPOSE OF8 THE COUNCIL IS TO DISCUSS RECOMMENDATIONS CONCERNING THE9 INCORPORATION OF WORKFORCE IMPACT ANALYSES INTO THE10 RULE-MAKING PROCEDURES FOR AIR QUALITY CONTROL RULES . THE11 COUNCIL CONSISTS OF SEVEN MEMBERS , APPOINTED AS FOLLOWS:12 (I) T HE EXECUTIVE DIRECTOR SHALL APPOINT THREE MEMBERS AS13 FOLLOWS TO THE COUNCIL TO SERVE INITIAL TERMS OF TWO YEARS :14 (A) A N INDIVIDUAL FROM A LABOR ORGANIZATION OR15 PROFESSIONAL ASSOCIATION WHO REPRESENTS WORKERS IN A REGULATED16 INDUSTRY;17 (B) A N INDIVIDUAL FROM A LABOR ORGANIZATION OR18 PROFESSIONAL ASSOCIATION WHO REPRESENTS WORKERS IN THE19 CONSTRUCTION INDUSTRY; AND20 (C) A REPRESENTATIVE OF A REGULATED BUSINESS OR21 ASSOCIATION WHO HAS EXPERTISE IN WORKFORCE DEVELOPMENT ;22 (II) T HE EXECUTIVE DIRECTOR SHALL APPOINT THREE MEMBERS AS23 FOLLOWS TO THE COUNCIL TO SERVE INITIAL TERMS OF THREE YEARS :24 (A) A REPRESENTATIVE OF A REGULATED INDUSTRY WHO HAS25 EXPERTISE IN HUMAN RESOURCES IN REGULATED INDUSTRIES ;26 (B) A TRAINING DIRECTOR FOR A REGISTERED APPRENTICESHIP27 HB25-1042 -3- PROGRAM, AS DEFINED IN SECTION 8-15.7-101 (13), WHO TRAINS WORKERS1 IN A REGULATED INDUSTRY; AND2 (C) A RESIDENT OF COLORADO WHO IS AN EMPLOYEE OF A3 REGULATED BUSINESS; AND4 (III) T HE DIRECTOR OF THE OFFICE OF FUTURE OF WORK CREATED5 IN SECTION 8-15.8-103 SHALL APPOINT AN EMPLOYEE OF THE OFFICE TO6 SERVE AN INITIAL TERM OF TWO YEARS ON THE COUNCIL .7 (b) A FTER A TERM OF SERVICE ON THE COUNCIL IS COMPLETE OR8 IF THERE IS A VACANCY , THE APPOINTING AUTHORITY SHALL APPOINT AN9 INDIVIDUAL WHO MEETS THE RELEVANT CRITERIA TO THE COUNCIL .10 (3) T HE COUNCIL SHALL:11 (a) B ETWEEN AUGUST 1, 2025, AND DECEMBER 31, 2025, MEET AT12 LEAST FOUR TIMES;13 (b) B EFORE JANUARY 15, 2026, RECOMMEND CHANGES TO THE14 RULE-MAKING PROCEDURES OF THE EXECUTIVE DIRECTOR AND THE15 COMMISSION SO THAT WORKFORCE IMPACT ANALYSES ON MA TTERS16 RELATED TO AIR QUALITY CONTROL ARE INCORPORATED AS NECESSARY17 INTO THE EXECUTIVE DIRECTOR 'S AND COMMISSION'S RULE-MAKING18 PROCESSES;19 (c) R ECOMMEND STANDARD PROCEDURES FOR THE EXECUTIVE20 DIRECTOR AND COMMISSION TO FOLLOW WHEN CONDUCTING WORKFORCE21 IMPACT ANALYSES FOR INCLUSION IN RULE -MAKING PROCEDURES; AND22 (d) D ETERMINE IF ESTABLISHING A FULL -TIME WORKFORCE23 ADVOCATE POSITION IN THE DEPARTMENT TO ASSIST IN WORKFORCE24 IMPACT ANALYSIS AND DATA GATHERING AND IF THE ESTABLISHMENT OF25 PRESCRIBED ADVOCACY FOR WORKERS IN THE EXECUTIVE DIRECTOR 'S AND26 COMMISSION'S RULE-MAKING PROCESSES WOULD ADD VALUE TO THE27 HB25-1042 -4- PROCESS.1 (4) I N THE DISCUSSIONS TO INCORPORATE WORKFORCE IMPACT2 ANALYSES INTO RULE-MAKING PROCEDURES PURSUANT TO SUBSECTION3 (3)(b) OF THIS SECTION, THE COUNCIL SHALL:4 (a) C ONSIDER THE WORKFORCE IMPACT OF A PROPOSED AIR5 QUALITY CONTROL RULE A DETERMINING FACTOR IN THE ADOPTION OF THE6 RULE;7 (b) C ONSIDER REASONABLE RULE-MAKING OPTIONS THAT SEEK TO8 MINIMIZE SIGNIFICANT JOB LOSS IN THE EXECUTION OF RULES THAT AFFECT9 AIR QUALITY;10 (c) P ROMOTE RULE-MAKING PROCEDURES AND OUTCOMES BASED11 ON A CONSIDERATION OF THE WORKFORCE IMPACT OF A RULE IN A12 CONSISTENT MANNER AND ON AN EQUAL BASIS AS THE OTHER FACTORS13 THAT THE EXECUTIVE DIRECTOR OR THE COMMISSION MUST CONSIDER IN14 THE RULE-MAKING PROCESS;15 (d) S OLICIT FEEDBACK FROM REGULATED WORKERS , BUSINESS16 OWNERS, IMPACTED SECTORS OF INDUSTRY , AND OTHER AFFECTED17 ENTITIES; AND18 (e) C OORDINATE WITH THE EXECUTIVE DIRECTOR AND THE19 COMMISSION TO CREATE A PROCESS TO ALLOW FOR INFORMATION FROM20 WORKERS IN REGULATED INDUSTRIES WHO ARE UNABLE TO ATTEND OR21 PARTICIPATE IN THE RULE-MAKING HEARINGS TO BE ENTERED INTO THE22 RECORD OF THE RULE-MAKING PROCEEDING.23 (5) T HE STANDARD PROCEDURES RECOMMENDED BY THE COUNCIL24 PURSUANT TO SUBSECTION (3)(c) OF THIS SECTION MUST:25 (a) I NCLUDE PROCEDURES FOR THE COLLECTION OF DATA AND26 INFORMATION FROM WORKERS , EMPLOYERS, LABOR ORGANIZATIONS ,27 HB25-1042 -5- PROFESSIONAL ASSOCIATIONS , WORKER ADVOCATES , AND OTHER1 RELEVANT ORGANIZATIONS FOR USE IN CONDUCTING THE WORKFORCE2 IMPACT ANALYSES;3 (b) I NCLUDE WAYS TO INCORPORATE DIFFERING VIEWPOINTS INTO4 THE WORKFORCE IMPACT ANALYSES TO COMPLEMENT OR REBUT5 INFORMATION GATHERED FROM REGULATED WORKERS AND BUSINESSES ;6 (c) A LLOW FOR WORKFORCE IMPACT ANALYSES TO INCLUDE7 TESTIMONY, REPORTS, AND OTHER DATA-BASED INFORMATION DURING8 RULE-MAKING PROCEDURES THAT PROMOTE WORKFORCE RETENTION ,9 WORKFORCE TRAINING, AND APPROPRIATE TRANSITIONS FOR DISPLACED10 WORKERS THAT MAY RESULT FROM THE IMPLEMENTATION OF SPECIFIC AIR11 QUALITY CONTROL RULES;12 (d) P ROMOTE THE MINIMIZATION OF JOB LOSS IN THE13 IMPLEMENTATION OF STATUTORY REQUIREMENTS THAT SEEK TO REDUCE14 GREENHOUSE GAS EMISSIONS AND IMPROVE AIR QUALITY ;15 (e) R EQUIRE THE INCLUSION OF POSITIVE AND NEGATIVE IMPACTS16 OF THE PROPOSED RULES ON THE WORKFORCE ; AND17 (f) D ETERMINE IF THERE ARE SPECIFIC RECOMMENDATIONS FOR18 WORKFORCE IMPACT ANALYSES THAT ARE UNIQUE TO THE UTILITY ,19 MANUFACTURING, OR CONSTRUCTION INDUSTRY.20 (6) O N OR BEFORE JANUARY 15, 2026, THE EXECUTIVE DIRECTOR21 SHALL REPORT THE COUNCIL 'S RECOMMENDATIONS TO THE HOUSE OF22 REPRESENTATIVES AGRICULTURE , WATER, AND NATURAL RESOURCES23 COMMITTEE AND THE SENATE AGRICUL TURE AND NATURAL RESOURCES24 COMMITTEE.25 (7) A FTER THE EXECUTIVE DIRECTOR REPORTS THE26 RECOMMENDATIONS TO THE GENERAL ASSEMBLY PURSUANT TO27 HB25-1042 -6- SUBSECTION (6) OF THIS SECTION, THE COUNCIL SHALL:1 (a) M EET AT LEAST FOUR TIMES PER CALENDAR YEAR AND AS2 NECESSARY BASED ON SCHEDULED RULE -MAKING PROCEDURES;3 (b) A DVISE THE EXECUTIVE DIRECTOR AND THE COMMISSION IN4 THEIR RULE-MAKING PROCEEDINGS ON MATTERS RELATED TO THE IMPACT5 OF PROPOSED RULES ON EMPLOYMENT AND WORKFORCE DEVELOPMENT6 AND TRAINING IN IMPACTED INDUSTRIES AND ON MATTERS RELATED TO7 DISPLACED WORKERS AND TRANSITIONS IN THE WORKFORCE ;8 (c) M AKE RECOMMENDATIONS TO THE GOVERNOR , THE9 DEPARTMENT, AND THE COMMISSION ON LEGISLATIVE AND REGULATORY10 AIR QUALITY CONTROL POLICIES THAT IMPACT EMPLOYMENT , WORKFORCE11 DEVELOPMENT AND TRAINING , AND WORKFORCE TRANSITIONS ; AND12 (d) A NNUALLY REPORT ON THE ACTIVITIES OF THE COUNCIL AS A13 PART OF THE DEPARTMENT 'S PRESENTATION TO ITS COMMITTEE OF14 REFERENCE AT A HEARING HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF15 THE "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND16 T RANSPARENT (SMART) GOVERNMENT ACT".17 SECTION 2. Safety clause. The general assembly finds,18 determines, and declares that this act is necessary for the immediate19 preservation of the public peace, health, or safety or for appropriations for20 the support and maintenance of the departments of the state and state21 institutions.22 HB25-1042 -7-