Colorado 2025 Regular Session

Colorado House Bill HB1130 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0492.03 Nicole Myers x4326
8	8		HOUSE BILL 25-1130
9	9		House Committees Senate Committees
10	10		Business Affairs & Labor
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING LABOR REQUIREMENTS FOR CERTAIN CONSTRUCTION101
15	15		PROJECTS.102
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		For public projects and energy sector public works projects,
24	24		current law requires that any contractor or subcontractor that will perform
25	25		mechanical, electrical, or plumbing work on the project participate in an
26	26		apprenticeship program that:
27	27		! Is registered with either the United States department of
28	28		labor or a state apprenticeship agency recognized by the
29	29		HOUSE
30		-	3rd Reading Unamended
31		-	March 31, 2025
32		-	HOUSE
33	30		Amended 2nd Reading
34	31		March 27, 2025
35	32		HOUSE SPONSORSHIP
36		-	Carter and Duran, Bacon, Bird, Boesenecker, Brown, Camacho, Clifford, English,
37		-	Espenoza, Froelich, Lieder, Lindsay, Lindstedt, Mabrey, Marshall, Mauro, Paschal, Phillips,
38		-	Rutinel, Sirota, Story, Willford, Woodrow
	33	+	Carter and Duran,
39	34		SENATE SPONSORSHIP
40	35		Danielson,
41	36		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
42	37		Capital letters or bold & italic numbers indicate new material to be added to existing law.
43	38		Dashes through the words or numbers indicate deletions from existing law. United States department of labor and that has a proven
44	39		record of graduating apprentices for at least 3 of the past 5
45	40		years (registered apprenticeship program); and
46	41		! Satisfies specified graduation requirements (registered
47	42		apprenticeship program that satisfies specified graduation
48	43		requirements).
49	44		Currently, for energy sector public works projects, these
50	45		requirements also apply to a contractor or subcontractor that employs
51	46		construction laborers on the project. In addition, for energy sector public
52	47		works projects, current law requires that all other contractors or
53	48		subcontractors participate in a registered apprenticeship program.
54	49		Apprenticeship utilization requirements. The bill aligns the
55	50		apprenticeship utilization requirements for public projects and energy
56	51		sector public works projects and specifies that for both types of projects:
57	52		! Any contractor or subcontractor that will perform
58	53		mechanical, electrical, or plumbing work or employ
59	54		construction laborers on the project is required to
60	55		participate in a registered apprenticeship program that
61	56		satisfies specified graduation requirements; and
62	57		! Any other contractor or subcontractor that will perform
63	58		work on the project is required to demonstrate a minimal
64	59		training requirement by participating in a registered
65	60		apprenticeship program.
66	61		The bill also aligns current statutory provisions for public projects
67	62		and energy sector public works projects in connection with the
68	63		apprenticeship utilization requirements, including provisions that:
69	64		! Require the lead contractor for a project to identify all
70	65		contractors and subcontractors that will perform work on
71	66		the project;
72	67		! Require the lead contractor for a project to certify that all
73	68		contractors and subcontractors that perform work on the
74	69		project satisfy the applicable apprenticeship utilization
75	70		requirements;
76	71		! Require the contract for a project to include the
77	72		apprenticeship utilization requirements;
78	73		! Require the lead contractor for a project to provide
79	74		documentation to prove compliance with the apprenticeship
80	75		utilization requirements;
81	76		! Allow waivers of the apprenticeship utilization
82	77		requirements under specified circumstances; and
83	78		! Allow an apprenticeship program that does not satisfy the
84	79		criteria specified in the bill to petition the department of
85	80		labor and employment for conditional approval for the
86	81		purposes of the bill.
87	82		Project labor agreements for public projects. The bill authorizes
88	83		1130
89	84		-2- an agency of government to incorporate a project labor agreement
90	85		requirement for a public project if the project labor agreement will
91	86		promote successful project delivery by securing a skilled labor force for
92	87		the project and if it will promote cost-efficiency, safety, quality, and
93	88		timely completion of the project. If all construction work on the public
94	89		project is covered by a project labor agreement, the apprenticeship
95	90		utilization requirements specified in the bill and the current statutory
96	91		prevailing wage requirements for a public project do not apply to the
97	92		project. The provisions in the bill regarding project labor agreements for
98	93		public projects are parallel to the current statutory provisions regarding
99	94		project labor agreements for energy sector public works projects.
100	95		County opt in to state apprenticeship utilization and prevailing
101	96		wage requirements. The bill allows a county to opt in to the state
102	97		apprenticeship utilization and prevailing wage requirements. A county
103	98		that intends to opt in to such requirements may request, through a process
104	99		specified in the bill, that the department of personnel collaborate with the
105	100		county regarding the implementation, application, and enforcement of the
106	101		state apprenticeship utilization and prevailing wage requirements. The bill
107	102		allows the department of personnel or other agencies of government and
108	103		a county that opts in to the state apprenticeship utilization and prevailing
109	104		wage requirements to enter into an intergovernmental agreement to
110	105		address the rights and obligations of the parties in connection with the
111	106		implementation, administration, and enforcement of such requirements.
112	107		Be it enacted by the General Assembly of the State of Colorado:1
113	108		SECTION 1. In Colorado Revised Statutes, add 24-92-115.5 as2
114	109		follows:3
115	110		24-92-115.5. Public projects - use of project labor agreements4
116	111		- definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT5
117	112		OTHERWISE REQUIRES:6
118	113		(a) "AGENCY OF GOVERNMENT " HAS THE MEANING SET FORTH IN7
119	114		SECTION 24-92-201 (1).8
120	115		(b) "CRAFT LABOR" MEANS EMPLOYEES WHO ARE ENGAGED IN THE9
121	116		CONSTRUCTION OF A PUBLIC PROJECT, INCLUDING ALL TRADES, CRAFTS,10
122	117		AND OCCUPATIONS THAT ARE PAID HOURLY .11
123	118		(c) "LEAD CONTRACTOR" MEANS A GENERAL CONTRACTOR,12
124	119		1130-3- CONSTRUCTION MANAGER , DEVELOPER, DESIGN BUILDER, OR OTHER PARTY1
125	120		THAT IS PRIMARILY RESPONSIBLE TO AN AGENCY OF GOVERNMENT FOR2
126	121		PERFORMING CONSTRUCTION UNDER A CONTRACT FOR A PUBLIC PROJECT.3
127	122		(d) "PROJECT LABOR AGREEMENT" MEANS A PREHIRE COLLECTIVE4
128	123		BARGAINING AGREEMENT BETWEEN A LEAD CONTRACTOR FOR A PUBLIC5
129	124		PROJECT OF AN AGENCY OF GOVERNMENT AND CONSTRUCTION LABOR6
130	125		ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE COLORADO7
131	126		BUILDING AND CONSTRUCTION TRADES COUNCIL AND ITS AFFILIATES OR A8
132	127		GROUP OF LABOR UNIONS COVERING THE AFFECTED TRADES NECESSARY9
133	128		TO PERFORM WORK ON THE PUBLIC PROJECT, THAT ESTABLISHES THE10
134	129		TERMS AND CONDITIONS OF EMPLOYMENT OF THE CONSTRUCTION11
135	130		WORKFORCE ON THE PUBLIC PROJECT. A PROJECT LABOR AGREEMENT12
136	131		MUST INCLUDE PROVISIONS THAT:13
137	132		(I) SET FORTH EFFECTIVE, IMMEDIATE, AND MUTUALLY BINDING14
138	133		PROCEDURES FOR RESOLVING JURISDICTIONAL LABOR DISPUTES AND15
139	134		GRIEVANCES ARISING BEFORE THE COMPLETION OF WORK ;16
140	135		(II) CONTAIN GUARANTEES AGAINST STRIKES , LOCKOUTS, OR17
141	136		SIMILAR ACTIONS;18
142	137		(III) ENSURE A RELIABLE SOURCE OF TRAINED , SKILLED, AND19
143	138		EXPERIENCED CRAFT LABOR;20
144	139		(IV) FURTHER PUBLIC POLICY OBJECTIVES REGARDING IMPROVED21
145	140		EMPLOYMENT OPPORTUNITIES FOR MINORITIES, WOMEN, OR OTHER22
146	141		ECONOMICALLY DISADVANTAGED POPULATIONS IN THE CONSTRUCTION23
147	142		INDUSTRY, INCLUDING PERSONS FROM DISPROPORTIONATELY IMPACTED24
148	143		COMMUNITIES, TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW;25
149	144		(V) PERMIT THE SELECTION OF THE LOWEST QUALIFIED26
150	145		RESPONSIBLE BIDDER OR LOWEST QUALIFIED RESPONSIBLE OFFEROR27
151	146		1130
152	147		-4- WITHOUT REGARD TO UNION OR NON-UNION STATUS AT OTHER1
153	148		CONSTRUCTION SITES;2
154	149		(VI) BIND ALL CONTRACTORS AND SUBCONTRACTORS ON THE3
155	150		PUBLIC PROJECT TO THE PROJECT LABOR AGREEMENT THROUGH THE4
156	151		INCLUSION OF APPROPRIATE BID SPECIFICATIONS IN ALL RELEVANT5
157	152		CONTRACT DOCUMENTS ; AND6
158	153		(VII) INCLUDE OTHER TERMS AS THE PARTIES DEEM APPROPRIATE.7
159	154		(e) "PUBLIC PROJECT" HAS THE MEANING SET FORTH IN SECTION8
160	155		24-92-201 (5).9
161	156		(2) AN AGENCY OF GOVERNMENT IS AUTHORIZED TO INCORPORATE10
162	157		A PROJECT LABOR AGREEMENT REQUIREMENT FOR A PUBLIC PROJECT IN11
163	158		THE AMOUNT OF ONE MILLION DOLLARS OR MORE IF THE PROJECT LABOR12
164	159		AGREEMENT WILL PROMOTE SUCCESSFUL PROJECT DELIVERY BY SECURING13
165	160		A SKILLED LABOR FORCE FOR THE PROJECT AND IF IT WILL PROMOTE COST14
166	161		EFFICIENCY, SAFETY, QUALITY, AND TIMELY COMPLETION OF THE PROJECT.15
167	162		THE DETERMINATION TO ENTER INTO A PROJECT LABOR AGREEMENT IS AT16
168	163		THE DISCRETION OF THE AGENCY OF GOVERNMENT .17
169	164		SECTION 2. In Colorado Revised Statutes, 24-92-115, amend18
170	165		(1)(a) introductory portion as follows:19
171	166		24-92-115. Apprenticeship utilization requirements -20
172	167		mechanical, electrical, and plumbing contracts - public projects -21
173	168		definition. (1) (a) Unless prohibited by applicable federal law, and22
174	169		except as otherwise provided in subsection (1)(b) of this section, the23
175	170		contract for any public works project that does not receive federal money,24
176	171		including a public project that will have an integrated project delivery25
177	172		contract pursuant to article 93 of this title 24, in the amount of one million26
178	173		dollars or more shall require the general contractor or other firm to which27
179	174		1130
180	175		-5- the contract is awarded to submit, at the time the mechanical, electrical,1
181	176		or plumbing subcontractor is put under contract, documentation to the2
182	177		agency of government that:3
183	178		SECTION 3. Act subject to petition - effective date. This act4
184	179		takes effect July 1, 2027; except that, if a referendum petition is filed5
185	180		pursuant to section 1 (3) of article V of the state constitution against this6
186	181		act or an item, section, or part of this act within the ninety-day period7
187	182		after final adjournment of the general assembly, then the act, item,8
188	183		section, or part will not take effect unless approved by the people at the9
189	184		general election to be held in November 2026 and, in such case, will take10
190	185		effect July 1, 2027, or on the date of the official declaration of the vote11
191	186		thereon by the governor, whichever is later.12
192	187		1130
193	188		-6-