First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0383.01 Josh Schultz x5486 SENATE BILL 25-165 Senate Committees House Committees Business, Labor, & Technology A BILL FOR AN ACT C ONCERNING ELECTRICAL WORK REGULATED IN THE STATE .101 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 .) Section 1 of the bill amends a definition and adds new definitions under the electricians' practice act. Current law requires an applicant for a journeyman electrician's license or a residential wireman's license to provide evidence of having certain minimum years of apprenticeship experience, accredited training, or practical experience. For the purpose of these requirements, section 2 allows an applicant for a journeyman electrician's license to have a minimum of 8,000 hours, as an alternative to 4 years, of certain SENATE SPONSORSHIP Pelton B. and Daugherty, HOUSE SPONSORSHIP (None), 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. apprenticeship or practical experience and an applicant for a residential wireman's license to have a minimum of 4,000 hours, as an alternative to 2 years, of certain practical experience. Current law allows an applicant for a journeyman electrician's license or a residential wireman's license to substitute for required practical experience evidence of academic training or practical experience in the electrical field. Section 2 also allows an applicant to also substitute evidence of training in photovoltaic systems installation. However, section 2 also states that the state electrical board (board) may, but is no longer required to, provide work experience credit for academic training, military training, photovoltaic systems installation training, or substantially similar training. Current law requires that, for all applicants seeking work experience credit toward licensure, the board give credit for electrical work that is not required to be performed by or under the supervision of a licensed electrician if the applicant can show that the experience or supervision is adequate. Section 3 allows the board to give the credit, but it is not required to do so. Section 4 requires that, for an apprentice who holds a residential wireman's license, an electrical contractor, an apprenticeship program, or a state apprenticeship agency that employs the apprentice must report qualifying years or hours of work experience only for commercial, industrial, or substantially similar work. Section 4 also allows an individual who possesses an active residential wireman's or master electrician's license to not take the journeyman electrician license examination. Section 5 requires the department of regulatory agencies to: ! Uphold the rules and regulations of the current edition of the national electrical code, including applying the code to certain equipment; ! Cooperate with utilities to maintain safe clearances and safe working distances for the utilities based on the current edition of the national electrical code; and ! Allow each utility to install its proper metering equipment with the assistance of qualified electrical personnel. Current law requires that the contract for any public works project that does not receive federal money in an amount of $1,000,000 or more require the general contractor or other entity to submit documentation to the agency that certifies that all firms identified: ! Participate in an apprenticeship program registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor (registered apprenticeship program); and ! Have a proven record of graduating apprentices. SB25-165 -2- Current law allows for photovoltaic installations with a direct current design capacity of less than 300 kilowatts, the performance of all photovoltaic electrical work, the installation of photovoltaic modules, and the installation of photovoltaic module mounting equipment (applicable work) to be subject to on-site supervision by a certified photovoltaic energy practitioner designated by the NABCEP. Section 6 requires that the photovoltaic energy practitioner is also working for a contractor that is not a registered electrical contractor; is registered with the department of regulatory agencies as a photovoltaic installer no later than December 31, 2025; is a business in good standing with the state; and employs a NABCEP PV installation professional. Section 6 also removes language: ! Stating that neither the public utilities commission nor a utility is responsible for monitoring or enforcing compliance with statutory requirements concerning solar photovoltaic installations (installations); and ! Requiring a qualifying retail utility to obtain and retain all documentation submitted in connection with an installation. Section 6 also defines "photovoltaic electrical work" as electrical work performed on a photovoltaic system that is covered electrical work in accordance with the national electrical code. Section 7 addresses photovoltaic electrical work for installations of at least 300 kilowatts, requiring that the work must: ! Comply with electrical permitting requirements and be performed by an electrical contractor; ! Include a contemporaneous review of the work; and ! Be subject to compliance checks by state electrical inspectors or individuals appointed by the director of the division of professions and occupations in the department of regulatory agencies. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 12-115-103, amend2 (3); and add (7.5), (7.7), and (9.5) as follows:3 12-115-103. Definitions. As used in this article 115, unless the4 context otherwise requires:5 (3) "Electric light, heat, and power" means the standard types of6 electricity that are supplied by an electric utility, regardless of whether the 7 source is an electric utility or the inverter output circuit of a photovoltaic8 SB25-165-3- system, direct-current lighting system, or a similar circuit from another1 type of renewable energy system or electric vehicle charging2 infrastructure, and used and consumed in a real estate improvement or3 real estate fixture REGULATED IN ACCORDANCE WITH THE NATIONAL4 ELECTRICAL CODE, EXCLUDING CHAPTER 8, "COMMUNICATION SYSTEMS ".5 (7.5) "NABCEP" MEANS THE NORTH AMERICAN BOARD OF6 C ERTIFIED ENERGY PRACTITIONERS.7 (7.7) "NABCEP PV INSTALLATION PROFESSIONAL" MEANS AN8 INDIVIDUAL WHO IS CERTIFIED BY THE NABCEP TO INSTALL9 PHOTOVOLTAIC SYSTEMS.10 (9.5) "PV INSTALLATION TRAINING" MEANS TRAINING CONCERNING11 PHOTOVOLTAIC SYSTEMS INSTALLATION PRACTICES DESCRIBED IN THE "PV12 I NSTALLATION PROFESSIONAL JOB TASK ANALYSIS" DOCUMENT13 PUBLISHED BY THE NABCEP.14 SECTION 2. In Colorado Revised Statutes, 12-115-110, amend15 (2)(a)(I), (2)(a)(II), (2)(b) introductory portion, (2)(b)(II), (3)(a), (3)(b)16 introductory portion, and (3)(b)(II); and add (6) as follows:17 12-115-110. License requirements - rules - continuing18 education - repeal. (2) Journeyman electrician. (a) An applicant for19 a journeyman electrician's license shall furnish written evidence that the20 applicant has had the following:21 (I) At least four years' OR EIGHT THOUSAND HOURS' apprenticeship22 in the electrical trade or four years' OR EIGHT THOUSAND HOURS' practical23 experience in wiring for, installing, and repairing electrical apparatus and24 equipment for electric light, heat, and power;25 (II) At least two of the applicant's years' YEARS OR FOUR26 THOUSAND HOURS OF THE APPLICANT 'S experience required by subsection27 SB25-165 -4- (2)(a)(I) of this section has been in commercial, industrial, or1 substantially similar work; and2 (b) An applicant shall be permitted to MAY substitute for required3 practical experience evidence of academic training or practical experience4 in the electrical field, which shall be IS credited as follows:5 (II) If the applicant has academic training, including military6 training OR PV INSTALLATION TRAINING, that does not qualify under7 subsection (2)(b)(I) of this section, the board shall MAY provide work8 experience credit for the training or for substantially similar training9 established by rule.10 (3) Residential wireman. (a) An applicant for a residential11 wireman's license shall furnish written evidence that the applicant has at12 least two years of accredited training or two years OR FOUR THOUSAND13 HOURS of practical experience in wiring one-, two-, three-, and14 four-family dwellings.15 (b) An applicant shall be permitted to MAY substitute for required16 practical experience evidence of academic training in the electrical field,17 which shall be IS credited as follows:18 (II) If the applicant has academic training, including military19 training OR PV INSTALLATION TRAINING, that is not sufficient to qualify20 under subsection (3)(b)(I) of this section, the board shall MAY provide21 work experience credit for the training according to a uniform ratio22 established by rule.23 (6) (a) F OR THE PURPOSES OF SUBSECTIONS (2)(a)(I) AND (3)(a) OF24 THIS SECTION, UNTIL JULY 1, 2029, AN APPLICANT EARNS PRACTICAL25 EXPERIENCE BY WORKING:26 (I) T WO THOUSAND HOURS AS AN NABCEP PV INSTALLATION27 SB25-165 -5- PROFESSIONAL;1 (II) U P TO TWO THOUSAND HOURS AS AN APPRENTICE TO AN2 NABCEP PV INSTALLATION PROFESSIONAL, SO LONG AS THE SUPERVISING3 NABCEP PV INSTALLATION PROFESSIONAL PROVIDES PROOF OF THE4 APPLICANT'S EMPLOYMENT AND AN AFFIDAVIT ATTESTING THAT THE5 APPLICANT EARNED THE HOURS AS AN APPRENTICE ; OR6 (III) U P TO FOUR THOUSAND HOURS AS AN NABCEP PV7 INSTALLATION PROFESSIONAL, IF THE APPLICANT SUBMITS ADDITIONAL8 DOCUMENTATION TO THE BOARD , INCLUDING PAYROLL RECORDS , WORK9 ORDERS, PROJECT DESCRIPTIONS, OR OTHER RELEVANT MATERIALS THAT10 DOCUMENT SIGNIFICANT SOLAR INDUSTRY WORK THAT QUALIFIES AS11 ELECTRICAL HOURS. THE BOARD SHALL REVIEW THE DOCUMENTATION12 AND DETERMINE HOW MANY HOURS OF PRACTICAL EXPERIENCE THE13 APPLICANT EARNS BEYOND THE TWO THOUSAND HOURS PERMITTED BY14 SUBSECTION (6)(a)(I) OF THIS SECTION.15 (b) F OR EVERY TWO HOURS THAT AN APPLICANT WORKS AS16 DESCRIBED IN SUBSECTION (6)(a)(II) OR (6)(a)(III) OF THIS SECTION, THE17 APPLICANT EARNS ONE HOUR FOR THE PURPOSES OF SUBSECTIONS (2)(a)(I)18 AND (3)(a) OF THIS SECTION.19 (c) T HIS SUBSECTION (6) IS REPEALED, EFFECTIVE AUGUST 1, 2034.20 SECTION 3. In Colorado Revised Statutes, amend 12-115-11121 as follows:22 12-115-111. Credit for experience not subject to supervision23 of a licensed electrician. For all applicants seeking work experience24 credit toward licensure, the board shall MAY give credit for electrical25 work that is not required to be performed by or under the supervision of26 a licensed electrician if the applicant can show that the particular27 SB25-165 -6- experience received or the supervision under which the work has been1 performed is adequate.2 SECTION 4. In Colorado Revised Statutes, 12-115-115, amend3 (4)(a); and add (3)(d) as follows:4 12-115-115. Apprentices - supervision - registration -5 discipline - rules. (3) (d) F OR AN APPRENTICE WHO HOLDS AN ACTIVE6 RESIDENTIAL WIREMAN'S LICENSE, AN ELECTRICAL CONTRACTOR , AN7 APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED STATES8 DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP, OR A STATE9 APPRENTICESHIP AGENCY RECOGNIZED BY THE UNITED STATES10 DEPARTMENT OF LABOR THAT EMPLOYS THE APPRENTICE IN THIS STATE11 SHALL REPORT QUALIFYING YEARS OR HOURS OF WORK EXPERIENCE ONLY12 FOR COMMERCIAL, INDUSTRIAL, OR SUBSTANTIALLY SIMILAR WORK , AS13 REQUIRED BY SECTION 12-115-110 (2)(a)(II).14 (4) On and after January 1, 2021, contingent on the availability of15 existing resources within the department or the receipt of gifts, grants,16 and donations pursuant to subsection (7) of this section:17 (a) (I) An apprentice who has been registered for at least six years,18 has completed eight thousand hours of practical training, and meets all19 other journeyman electrician license requirements specified in section20 12-115-110, AND DOES NOT POSSESS AN ACTIVE RESIDENTIAL WIREMAN 'S21 OR MASTER ELECTRICIAN'S LICENSE shall take the journeyman electrician22 license examination at least every three years in alignment with the23 license renewal cycle until the apprentice receives a passing score.24 (II) If an apprentice has failed to pass the license examination in25 two consecutive three-year periods, the apprentice may request an26 exemption from the board from future examination requirements. The27 SB25-165 -7- board shall grant the exemption if the board determines that the1 apprentice has legitimate educational or professional circumstances that2 justify the exemption. The board shall promulgate ADOPT rules3 concerning the process of requesting and approving license examination4 exemptions.5 SECTION 5. In Colorado Revised Statutes, add 12-115-125 as6 follows:7 12-115-125. Duties of department relating to electrical work.8 (1) T HE DEPARTMENT SHALL:9 (a) U PHOLD THE RULES AND REGULATIONS OF THE CURRENT10 EDITION OF THE NATIONAL ELECTRICAL CODE IN ITS ENTIRETY, INCLUDING11 APPLYING THE CODE TO ALL EQUIPMENT FROM THE POINT AT WHICH12 SERVICE TRANSFORMERS GENERATE VOLTAGE TO USABLE SYSTEMS FOR13 CONSUMERS, INCLUDING ALL ASSOCIATED WIRING ; RISERS, WHETHER14 OVERHEAD OR UNDERGROUND ; AND METERING SYSTEMS;15 (b) C OOPERATE WITH UTILITIES TO MAINTAIN SAFE CLEARANCES16 AND SAFE WORKING DISTANCES FOR THE UTILITIES BASED ON THE17 CURRENT EDITION OF THE NATIONAL ELECTRICAL CODE ; AND18 (c) A LLOW EACH UTILITY TO INSTALL ITS PROPER METERING19 EQUIPMENT WITH THE ASSISTANCE OF QUALIFIED ELECTRICAL PERS ONNEL .20 (2) A LL EQUIPMENT IS SUBJECT TO INSPECTION BY AN AUTHORITY21 HAVING JURISDICTION TO PERFORM ELECTRICAL INSPECTIONS .22 SECTION 6. In Colorado Revised Statutes, 40-2-128, amend23 (1)(a)(I)(A) and (2)(a)(I); repeal (1)(a)(II); and add (2)(a.5) as follows:24 40-2-128. Solar photovoltaic installations - supervision -25 qualifications of electrical contractors - definitions. (1) For all26 photovoltaic installations allowed under section 40-2-124 with a direct27 SB25-165 -8- current design capacity of less than three hundred kilowatts:1 (a) (I) (A) The performance of all photovoltaic electrical work, the2 installation of photovoltaic modules, and the installation of photovoltaic3 module mounting equipment is subject to on-site supervision by a4 certified photovoltaic energy practitioner, as designated by the North5 American Board of Certified Energy Practitioners (NABCEP) AND THAT6 IS WORKING FOR A PHOTOVOLTAIC INSTALLER , or a licensed master7 electrician, licensed journeyman electrician, or licensed residential8 wireman, as THOSE TERMS ARE defined in section 12-115-103.9 (II) Neither the commission nor the utility shall have 10 responsibility for monitoring or enforcing compliance with this section.11 It shall be the responsibility of the applicant to obtain the information12 required by subparagraph (I) of this paragraph (a), and it shall be the13 responsibility of the qualifying retail utility to obtain from the applicant14 and retain, for at least one year after completion of the installation, copies15 of all documentation submitted by the applicant in connection with the16 installation.17 (2) As used in this section, unless the context otherwise requires:18 (a) (I) "Photovoltaic electrical work" means wiring, grounding, or19 repairing electrical apparatus and equipment in a photovoltaic distributed20 generation system MEANS ELECTRICAL WORK PERFORMED ON A21 PHOTOVOLTAIC SYSTEM THAT IS COVERED ELECTRICAL WORK IN22 ACCORDANCE WITH THE NATIONAL ELECTRICAL CODE , INCLUDING23 ARTICLES 100, 690, 90.2 (1), AND 90.2 (3) OF THE NATIONAL ELECTRICAL24 CODE.25 (a.5) "P HOTOVOLTAIC INSTALLER" MEANS A CONTRACTOR THAT :26 (I) I S NOT A REGISTERED ELECTRICAL CONTRACTOR , AS DEFINED27 SB25-165 -9- IN SECTION 12-115-103 (4);1 (II) I S REGISTERED WITH THE DEPARTMENT OF REGULATORY2 AGENCIES AS A PHOTOVOLTAIC INSTALLER NO LATER T HAN DECEMBER 31,3 2025;4 (III) I S A BUSINESS IN GOOD STANDING WITH THE STATE ; AND5 (IV) E MPLOYS A NABCEP PV INSTALLATION PROFESSIONAL, AS6 DEFINED IN SECTION 12-115-103 (7.7).7 SECTION 7. In Colorado Revised Statutes, 12-115-107, amend8 (2)(f) as follows:9 12-115-107. Board powers and duties - rules - definitions.10 (2) In addition to all other powers and duties conferred or imposed upon11 the board by this article 115, the board is authorized to:12 (f) (I) Regulate a licensed master electrician, journeyman13 electrician, or residential wireman who, acting within his or her THEIR14 scope of competence, supervises a solar photovoltaic installation pursuant15 to section 40-2-128.16 (II) On and after January 1, 2020, All photovoltaic electrical work17 for installations of at least three hundred kilowatts, including the18 interconnection of the modules, grounding of the modules, any balance19 of system wiring, and the customer-side point of connection to the utility20 grid, must:21 (A) Be performed by a licensed master electrician, licensed22 journeyman electrician, licensed residential wireman, or properly23 supervised electrical apprentices; and must24 (B) Comply with all applicable requirements of this article 115,25 including sections 12-115-109 and 12-115-115, and all applicable rules26 of the board;27 SB25-165 -10- (C) COMPLY WITH ELECTRICAL PERMITTING REQUIREMENTS AND1 MUST BE PERFORMED BY AN ELECTRICAL CONTRACTOR PURSUANT TO2 SECTION 12-115-120;3 (D) I NCLUDE A CONTEMPORANEOUS REVIEW PURSUANT TO4 SECTION 12-115-120 (10) TO ENSURE THAT THE REQUIREMENTS OF THIS5 ARTICLE 115 HAVE BEEN MET; AND6 (E) B E SUBJECT TO COMPLIANCE CHECKS BY A STATE ELECTRICAL7 INSPECTOR OR AN INDIVIDUAL APPOINTED BY THE DIRECTOR TO PERFORM8 COMPLIANCE CHECKS PURSUANT TO SECTION 12-115-119. COMPLIANCE9 CHECKS PERFORMED UNDER THIS SECTION MUST BE CONSISTENT WITH THE10 NATIONAL ELECTRICAL CODE AND STATE AND LOCAL ELECTRICAL CODES .11 (III) (A) A S USED IN THIS SECTION, "PHOTOVOLTAIC ELECTRICAL12 WORK" MEANS ELECTRICAL WORK PERFORMED ON A PHOTOVOLTAIC13 SYSTEM THAT IS COVERED ELECTRICAL WORK IN ACCORDANCE WITH THE14 NATIONAL ELECTRICAL CODE , INCLUDING ARTICLES 100, 690, 90.2 (1),15 AND 90.2 (3) OF THE NATIONAL ELECTRICAL CODE.16 (B) "P HOTOVOLTAIC ELECTRICAL WORK " INCLUDES THE17 PREINSTALLATION ASSEMBLY OF PHOTOVOLTAIC M ODULES TO18 PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT FOR INSTALLATION ON19 SITE.20 (C) "P HOTOVOLTAIC ELECTRICAL WORK " DOES NOT INCLUDE SITE21 PREPARATION, TRENCHING OR EXCAVATING , HAULING, OR OTHER WORK22 THAT IS NOT SPECIFICALLY DESCRIBED IN SUBSECTION (2)(f)(III)(A) OR23 (2)(f)(III)(B) OF THIS SECTION.24 SECTION 8. Act subject to petition - effective date. This act25 takes effect at 12:01 a.m. on the day following the expiration of the26 ninety-day period after final adjournment of the general assembly; except27 SB25-165 -11- that, if a referendum petition is filed pursuant to section 1 (3) of article V1 of the state constitution against this act or an item, section, or part of this2 act within such period, then the act, item, section, or part will not take3 effect unless approved by the people at the general election to be held in4 November 2026 and, in such case, will take effect on the date of the5 official declaration of the vote thereon by the governor.6 SB25-165 -12-