Colorado 2025 Regular Session

Colorado House Bill HB1130 Latest Draft

Bill / Engrossed Version Filed 03/31/2025

                            First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0492.03 Nicole Myers x4326
HOUSE BILL 25-1130
House Committees Senate Committees
Business Affairs & Labor
Appropriations
A BILL FOR AN ACT
C
ONCERNING LABOR REQUIREMENTS FOR CERTAIN CONSTRUCTION101
PROJECTS.102
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 public projects and energy sector public works projects,
current law requires that any contractor or subcontractor that will perform
mechanical, electrical, or plumbing work on the project participate in an
apprenticeship program that:
! Is registered with either the United States department of
labor or a state apprenticeship agency recognized by the
HOUSE
3rd Reading Unamended
March 31, 2025
HOUSE
Amended 2nd Reading
March 27, 2025
HOUSE SPONSORSHIP
Carter and Duran, Bacon, Bird, Boesenecker, Brown, Camacho, Clifford, English,
Espenoza, Froelich, Lieder, Lindsay, Lindstedt, Mabrey, Marshall, Mauro, Paschal, Phillips,
Rutinel, Sirota, Story, Willford, Woodrow
SENATE SPONSORSHIP
Danielson,
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. United States department of labor and that has a proven
record of graduating apprentices for at least 3 of the past 5
years (registered apprenticeship program); and
! Satisfies specified graduation requirements (registered
apprenticeship program that satisfies specified graduation
requirements).
Currently, for energy sector public works projects, these
requirements also apply to a contractor or subcontractor that employs
construction laborers on the project. In addition, for energy sector public
works projects, current law requires that all other contractors or
subcontractors participate in a registered apprenticeship program.
Apprenticeship utilization requirements. The bill aligns the
apprenticeship utilization requirements for public projects and energy
sector public works projects and specifies that for both types of projects:
! Any contractor or subcontractor that will perform
mechanical, electrical, or plumbing work or employ
construction laborers on the project is required to
participate in a registered apprenticeship program that
satisfies specified graduation requirements; and
! Any other contractor or subcontractor that will perform
work on the project is required to demonstrate a minimal
training requirement by participating in a registered
apprenticeship program.
The bill also aligns current statutory provisions for public projects
and energy sector public works projects in connection with the
apprenticeship utilization requirements, including provisions that:
! Require the lead contractor for a project to identify all
contractors and subcontractors that will perform work on
the project;
! Require the lead contractor for a project to certify that all
contractors and subcontractors that perform work on the
project satisfy the applicable apprenticeship utilization
requirements;
! Require the contract for a project to include the
apprenticeship utilization requirements;
! Require the lead contractor for a project to provide
documentation to prove compliance with the apprenticeship
utilization requirements;
! Allow waivers of the apprenticeship utilization
requirements under specified circumstances; and
! Allow an apprenticeship program that does not satisfy the
criteria specified in the bill to petition the department of
labor and employment for conditional approval for the
purposes of the bill.
Project labor agreements for public projects. The bill authorizes
1130
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requirement for a public project if the project labor agreement will
promote successful project delivery by securing a skilled labor force for
the project and if it will promote cost-efficiency, safety, quality, and
timely completion of the project. If all construction work on the public
project is covered by a project labor agreement, the apprenticeship
utilization requirements specified in the bill and the current statutory
prevailing wage requirements for a public project do not apply to the
project. The provisions in the bill regarding project labor agreements for
public projects are parallel to the current statutory provisions regarding
project labor agreements for energy sector public works projects.
County opt in to state apprenticeship utilization and prevailing
wage requirements. The bill allows a county to opt in to the state
apprenticeship utilization and prevailing wage requirements. A county
that intends to opt in to such requirements may request, through a process
specified in the bill, that the department of personnel collaborate with the
county regarding the implementation, application, and enforcement of the
state apprenticeship utilization and prevailing wage requirements. The bill
allows the department of personnel or other agencies of government and
a county that opts in to the state apprenticeship utilization and prevailing
wage requirements to enter into an intergovernmental agreement to
address the rights and obligations of the parties in connection with the
implementation, administration, and enforcement of such requirements.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-92-115.5 as2
follows:3
24-92-115.5. Public projects - use of project labor agreements4
- definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT5
OTHERWISE REQUIRES:6
(a)  "AGENCY OF GOVERNMENT " HAS THE MEANING SET FORTH IN7
SECTION 24-92-201 (1).8
(b) "CRAFT LABOR" MEANS EMPLOYEES WHO ARE ENGAGED IN THE9
CONSTRUCTION OF A PUBLIC PROJECT, INCLUDING ALL TRADES, CRAFTS,10
AND OCCUPATIONS THAT ARE PAID HOURLY .11
(c) "LEAD CONTRACTOR" MEANS A GENERAL CONTRACTOR,12
1130-3- CONSTRUCTION MANAGER , DEVELOPER, DESIGN BUILDER, OR OTHER PARTY1
THAT IS PRIMARILY RESPONSIBLE TO AN AGENCY OF GOVERNMENT FOR2
PERFORMING CONSTRUCTION UNDER A CONTRACT FOR A PUBLIC PROJECT.3
(d) "PROJECT LABOR AGREEMENT" MEANS A PREHIRE COLLECTIVE4
BARGAINING AGREEMENT BETWEEN A LEAD CONTRACTOR FOR A PUBLIC5
PROJECT OF AN AGENCY OF GOVERNMENT AND CONSTRUCTION LABOR6
ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE COLORADO7
BUILDING AND CONSTRUCTION TRADES COUNCIL AND ITS AFFILIATES OR A8
GROUP OF LABOR UNIONS COVERING THE AFFECTED TRADES NECESSARY9
TO PERFORM WORK ON THE PUBLIC PROJECT, THAT ESTABLISHES THE10
TERMS AND CONDITIONS OF EMPLOYMENT OF THE CONSTRUCTION11
WORKFORCE ON THE PUBLIC PROJECT. A PROJECT LABOR AGREEMENT12
MUST INCLUDE PROVISIONS THAT:13
(I) SET FORTH EFFECTIVE, IMMEDIATE, AND MUTUALLY BINDING14
PROCEDURES FOR RESOLVING JURISDICTIONAL LABOR DISPUTES AND15
GRIEVANCES ARISING BEFORE THE COMPLETION OF WORK ;16
(II) CONTAIN GUARANTEES AGAINST STRIKES , LOCKOUTS, OR17
SIMILAR ACTIONS;18
(III) ENSURE A RELIABLE SOURCE OF TRAINED , SKILLED, AND19
EXPERIENCED CRAFT LABOR;20
(IV) FURTHER PUBLIC POLICY OBJECTIVES REGARDING IMPROVED21
EMPLOYMENT OPPORTUNITIES FOR MINORITIES, WOMEN, OR OTHER22
ECONOMICALLY DISADVANTAGED POPULATIONS IN THE CONSTRUCTION23
INDUSTRY, INCLUDING PERSONS FROM DISPROPORTIONATELY IMPACTED24
COMMUNITIES, TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW;25
(V) PERMIT THE SELECTION OF THE LOWEST QUALIFIED26
RESPONSIBLE BIDDER OR LOWEST QUALIFIED RESPONSIBLE OFFEROR27
1130
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CONSTRUCTION SITES;2
(VI) BIND ALL CONTRACTORS AND SUBCONTRACTORS ON THE3
PUBLIC PROJECT TO THE PROJECT LABOR AGREEMENT THROUGH THE4
INCLUSION OF APPROPRIATE BID SPECIFICATIONS IN ALL RELEVANT5
CONTRACT DOCUMENTS ; AND6
(VII) INCLUDE OTHER TERMS AS THE PARTIES DEEM APPROPRIATE.7
(e) "PUBLIC PROJECT" HAS THE MEANING SET FORTH IN SECTION8
24-92-201 (5).9
(2) AN AGENCY OF GOVERNMENT IS AUTHORIZED TO INCORPORATE10
A PROJECT LABOR AGREEMENT REQUIREMENT FOR A PUBLIC PROJECT IN11
THE AMOUNT OF ONE MILLION DOLLARS OR MORE IF THE PROJECT LABOR12
AGREEMENT WILL PROMOTE SUCCESSFUL PROJECT DELIVERY BY SECURING13
A SKILLED LABOR FORCE FOR THE PROJECT AND IF IT WILL PROMOTE COST14
EFFICIENCY, SAFETY, QUALITY, AND TIMELY COMPLETION OF THE PROJECT.15
THE DETERMINATION TO ENTER INTO A PROJECT LABOR AGREEMENT IS AT16
THE DISCRETION OF THE AGENCY OF GOVERNMENT .17
SECTION 2. In Colorado Revised Statutes, 24-92-115, amend18
(1)(a) introductory portion as follows:19
24-92-115. Apprenticeship utilization requirements -20
mechanical, electrical, and plumbing contracts - public projects -21
definition. (1) (a) Unless prohibited by applicable federal law, and22
except as otherwise provided in subsection (1)(b) of this section, the23
contract for any public works project that does not receive federal money,24
including a public project that will have an integrated project delivery25
contract pursuant to article 93 of this title 24, in the amount of one million26
dollars or more shall require the general contractor or other firm to which27
1130
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or plumbing subcontractor is put under contract, documentation to the2
agency of government that:3
SECTION 3. Act subject to petition - effective date. This act4
takes effect July 1, 2027; except that, if a referendum petition is filed5
pursuant to section 1 (3) of article V of the state constitution against this6
act or an item, section, or part of this act within the ninety-day period7
after final adjournment of the general assembly, then the act, item,8
section, or part will not take effect unless approved by the people at the9
general election to be held in November 2026 and, in such case, will take10
effect July 1, 2027, or on the date of the official declaration of the vote11
thereon by the governor, whichever is later.12
1130
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