A Bill for an Act
Page 1, Line 101Concerning labor requirements for certain construction
Page 1, Line 102projects.
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 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).
- 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.
- 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.
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:
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:
Project labor agreements for public projects. The bill authorizes an agency of government to incorporate a project labor agreement 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.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds that:
Page 3, Line 3(a) The state of Colorado and counties share a common interest in
Page 3, Line 4building effective programs for capital construction needs, including vital infrastructure and other important government projects;
Page 3, Line 5(b) Colorado, like many other states, has a critical need to build
Page 3, Line 6a robust construction workforce for all craft labor occupations. Two of
Page 3, Line 7the most effective policies for construction workforce development are the prevailing wage and apprenticeship utilization policies.
Page 3, Line 8(c) While the state has established prevailing wage and
Page 3, Line 9apprenticeship utilization programs for its public projects, most counties have not.
Page 4, Line 1(2) The general assembly further finds that it is efficient and
Page 4, Line 2beneficial to provide counties that are involved in public projects the
Page 4, Line 3opportunity to participate in the state prevailing wage and apprenticeship
Page 4, Line 4utilization programs and to allow counties to rely on state resources and applicable statutory provisions.
Page 4, Line 5SECTION 2. Short title. The short title of this act is the "Colorado Quality Apprenticeship Training Act of 2025".
Page 4, Line 6SECTION 3. In Colorado Revised Statutes, repeal and reenact, with amendments, 24-92-115 as follows:
Page 4, Line 724-92-115. Apprenticeship utilization requirements - public
Page 4, Line 8projects - energy sector public works projects - definitions.
Page 4, Line 9(1) Definitions. (a) "Construction laborer" means a worker who
Page 4, Line 10performs the scope of work on a construction site performed by
Page 4, Line 11a construction laborer as defined by the United States
Page 4, Line 12department of labor, bureau of labor statistics, division of
Page 4, Line 13occupation employment and wage statistics occupational job code designation.
Page 4, Line 14(b) "Covered project" means:
Page 4, Line 15(I) An energy sector public works project as defined in section 24-92-102 (8) or a public project.
Page 4, Line 16(II) "Covered project" does not include any project under
Page 4, Line 17the supervision of the department of transportation, regardless
Page 4, Line 18of the amount or funding source of the project, or any project
Page 4, Line 19under the supervision of a county, city and county, city,
Page 4, Line 20municipality, town, school district, special district, or any
Page 4, Line 21other political subdivision of the state.
Page 5, Line 1(c) "Graduating" means the completion of a multi-year
Page 5, Line 2apprenticeship program, including the requisite classroom
Page 5, Line 3course work and on-the-job training requirements and a
Page 5, Line 4certificate of completion issued by the United States
Page 5, Line 5department of labor or awarded pursuant to article 15.7 of title 8.
Page 5, Line 6(d) "Lead contractor" means a general contractor,
Page 5, Line 7construction manager, developer, design builder, or other party that is:
Page 5, Line 8(I) Primarily responsible to the contracting agency of government for a covered project that is a public project; or
Page 5, Line 9(II) Primarily responsible to the contracting public
Page 5, Line 10utility, independent power producer, or cooperative electric
Page 5, Line 11association for a covered project that is an energy sector public works project.
Page 5, Line 12(e) "Public project" means a public project as defined in
Page 5, Line 13section 24-92-201 (5) that does not receive federal money,
Page 5, Line 14including a public project that will have an integrated project
Page 5, Line 15delivery contract pursuant to article 93 of this title 24, in the amount of one million dollars or more.
Page 5, Line 16(2) Apprenticeship utilization requirements for mechanical,
Page 5, Line 17electrical, and plumbing work and construction contractors or
Page 5, Line 18subcontractors employing construction laborers. (a) Unless
Page 5, Line 19prohibited by applicable federal law, any contractor or
Page 5, Line 20subcontractor that performs mechanical, sheet metal, fire
Page 5, Line 21suppression, sprinkler fitting, electrical, or plumbing work or
Page 5, Line 22construction labor on a covered project is required to participate in an apprenticeship program that:
Page 6, Line 1(I) Is registered with either the United States department
Page 6, Line 2of labor or a state apprenticeship agency recognized by the
Page 6, Line 3United States department of labor and that has a proven record
Page 6, Line 4of graduating apprentices for at least three of the past five years; and
Page 6, Line 5(II) Has a proven record of graduating apprentices as follows:
Page 6, Line 6(A) Beginning July 1, 2021, through June 30, 2026, a
Page 6, Line 7minimum of fifteen percent of its apprentices for at least three of the past five years;
Page 6, Line 8(B) Beginning July 1, 2026, through June 30, 2031, a
Page 6, Line 9minimum of twenty percent of apprentices for at least three of the past five years; and
Page 6, Line 10(C) Beginning July 1, 2031, and each year thereafter, a
Page 6, Line 11minimum of thirty percent of apprentices for at least three of the past five years.
Page 6, Line 12(b) The lead contractor for a covered project shall:
Page 6, Line 13(I) Identify, at the time they are put under contract, all
Page 6, Line 14contractors or subcontractors that will perform mechanical,
Page 6, Line 15sheet metal, fire suppression, sprinkler fitting, electrical, or
Page 6, Line 16plumbing work or subcontractors that employ construction laborers required for the covered project; and
Page 6, Line 17(II) Certify that contractors or subcontractors
Page 6, Line 18identified pursuant to subsection (2)(b)(I) of this section
Page 6, Line 19participate in an apprenticeship program that satisfies the
Page 6, Line 20criteria specified in subsection (2)(a) of this section.
Page 7, Line 1(c) The lead contractor for a covered project shall
Page 7, Line 2supply to the contracting agency of government for a public
Page 7, Line 3project or the contracting public utility, independent power
Page 7, Line 4producer, or cooperative electric association for an energy
Page 7, Line 5sector public works project supporting documentation from the
Page 7, Line 6United States department of labor or a state apprenticeship
Page 7, Line 7agency recognized by the United States department of labor to
Page 7, Line 8verify the accuracy of the information provided in the certification specified in subsection (2)(b)(II) of this section.
Page 7, Line 9(d) Within thirty days of receiving any documentation
Page 7, Line 10from the lead contractor of a covered project as required
Page 7, Line 11pursuant to subsection (2)(b) of this section, the contracting
Page 7, Line 12agency of government for a public project or the contracting
Page 7, Line 13public utility, independent power producer, or cooperative
Page 7, Line 14electric association for an energy sector public works project shall make the documentation publicly available on its website.
Page 7, Line 15(e) To ensure compliance with subsection (2)(a)(II) of this
Page 7, Line 16section, the lead contractor for a covered project shall agree
Page 7, Line 17to provide to the contracting agency of government for a public
Page 7, Line 18project or the contracting public utility, independent power
Page 7, Line 19producer, or cooperative electric association for an energy
Page 7, Line 20sector public works project additional documentation
Page 7, Line 21regarding affected apprenticeship training programs relating
Page 7, Line 22to the requirements of this section. If a contracting agency of
Page 7, Line 23government or a contracting public utility, independent power
Page 7, Line 24producer, or cooperative electric association determines that
Page 7, Line 25a contractor or subcontractor that performs mechanical, sheet
Page 8, Line 1metal, fire suppression, sprinkler fitting, electrical, or plumbing
Page 8, Line 2work or employs construction laborers required for the
Page 8, Line 3covered project has willfully falsified documentation or
Page 8, Line 4willfully misrepresented their qualifications required to
Page 8, Line 5comply with this subsection (2) in the contract, the contracting
Page 8, Line 6agency of government or contracting public utility,
Page 8, Line 7independent power producer, or cooperative electric
Page 8, Line 8association shall direct the lead contractor to terminate the
Page 8, Line 9contractor's or subcontractor's contract immediately and the
Page 8, Line 10contractor or subcontractor will be immediately removed from
Page 8, Line 11the covered project. For a public project or an energy public
Page 8, Line 12works project, the Colorado department of labor and
Page 8, Line 13employment may initiate the process to debar the contractor or
Page 8, Line 14subcontractor pursuant to section 24-109-105, and may pursue any other remedy provided by law.
Page 8, Line 15(3) General apprenticeship utilization requirements.
Page 8, Line 16(a) Unless prohibited by applicable federal law, any contractor
Page 8, Line 17or subcontractor required for a covered project other than a
Page 8, Line 18contractor or subcontractor that performs mechanical, sheet
Page 8, Line 19metal, fire suppression, sprinkler fitting, electrical, or plumbing
Page 8, Line 20work or subcontractors that employs construction laborers is
Page 8, Line 21required to participate in an apprenticeship program that is
Page 8, Line 22registered with either the United States department of labor or
Page 8, Line 23a state apprenticeship agency recognized by the United States
Page 8, Line 24department of labor and that has a proven record of graduating apprentices for at least three of the past five years.
Page 8, Line 25(b) The lead contractor for a covered project shall:
Page 9, Line 1(I) Identify, at the time they are put under contract, all
Page 9, Line 2contractors or subcontractors that will perform work on a
Page 9, Line 3covered project, other than the contractors or subcontractors
Page 9, Line 4that perform mechanical, sheet metal, fire suppression,
Page 9, Line 5sprinkler fitting, electrical, or plumbing work or subcontractors that employ construction laborers; and
Page 9, Line 6(II) Certify that the contractors or subcontractors
Page 9, Line 7identified pursuant to subsection (3)(b)(I) of this section
Page 9, Line 8participate in an apprenticeship program that satisfies the criteria specified in subsection (3)(a) of this section.
Page 9, Line 9(4) Contract requirements.The contract for any covered project shall require the lead contractor to:
Page 9, Line 10(a) Contract only with contractors and subcontractors
Page 9, Line 11that comply with subsection (2) or (3) of this section, as applicable; and
Page 9, Line 12(b) Submit the documentation and certifications required
Page 9, Line 13by subsection (2) of this section, if applicable, to the contracting
Page 9, Line 14agency of government for a public project or the contracting
Page 9, Line 15public utility, independent power producer, or cooperative
Page 9, Line 16electric association for an energy sector public works project
Page 9, Line 17at the time a contractor or subcontractor is put under contract.
Page 9, Line 18(5) Waiver for unavailable responsive contractors or
Page 9, Line 19subcontractors. (a) Upon evaluation of the submitted bids for a
Page 9, Line 20covered project, the contracting agency of government for a
Page 9, Line 21public project or the contracting public utility, independent
Page 9, Line 22power producer, or cooperative electric association for an
Page 10, Line 1energy sector public works project may waive the requirements
Page 10, Line 2of this section if the agency of government or the public utility,
Page 10, Line 3independent power producer, or cooperative electric
Page 10, Line 4association determines that there is substantial evidence that
Page 10, Line 5there were no responsive, eligible contractors or
Page 10, Line 6subcontractors available to fulfill the requirements of the contract.
Page 10, Line 7(b) Each contracting agency of government for a public
Page 10, Line 8project and each contracting public utility, independent power
Page 10, Line 9producer, or cooperative electric association for an energy
Page 10, Line 10sector public works project that grants a waiver pursuant to
Page 10, Line 11subsection (5)(a) of this section shall make the waiver, the
Page 10, Line 12specific rationale for granting the waiver, notice of the
Page 10, Line 13contractor or subcontractor to which the waiver applies, and
Page 10, Line 14the justification for the waiver available to the public on its website.
Page 10, Line 15(6) Waiver to restore electric service.For a covered project
Page 10, Line 16that is an energy sector public works project, in the event of an
Page 10, Line 17extreme weather event, a wildfire, or an emergency declared by
Page 10, Line 18the state of Colorado or the federal government, a
Page 10, Line 19contracting public utility, independent power producer, or
Page 10, Line 20cooperative electric association for an energy sector public
Page 10, Line 21works project may waive the requirements of this section when
Page 10, Line 22performing repair work to restore electric service to customers
Page 10, Line 23or association members when it can reasonably demonstrate that:
Page 10, Line 24(a) The capacity needed to restore power exceeds the
Page 11, Line 1contracting public utility's, independent power producer's, or
Page 11, Line 2cooperative electric association's available capacity for
Page 11, Line 3emergency repairs through its employees, standby contractor capacity, or applicable mutual aid agreements; and
Page 11, Line 4(b) The contracting public utility, independent power
Page 11, Line 5producer, or cooperative electric association made a good faith
Page 11, Line 6effort to identify contractors and subcontractors that can
Page 11, Line 7comply with subsection (2) or (3) of this section, as applicable,
Page 11, Line 8and no eligible contractors or subcontractors were available for the time frame for which the emergency capacity was needed.
Page 11, Line 9(7) New apprenticeship programs. (a) To promote and
Page 11, Line 10facilitate the development of new apprenticeship programs, an
Page 11, Line 11apprenticeship program that does not satisfy the requirements
Page 11, Line 12of subsection (3) of this section may petition the department of
Page 11, Line 13labor and employment for conditional approval for the
Page 11, Line 14purposes of this section. To be allowed conditional approval, an apprenticeship program must demonstrate the following:
Page 11, Line 15(I) The program has been registered with the United
Page 11, Line 16States department of laboror a state apprenticeship agency
Page 11, Line 17recognized by the United States department of labor and has been providing training for at least six months; and
Page 11, Line 18(II) The program is performing bona fide apprenticeship
Page 11, Line 19training as evidenced by information showing that it has the
Page 11, Line 20requisite facilities, personnel, and other resources needed to provide such training.
Page 11, Line 21(b) If the department of labor and employment grants
Page 11, Line 22conditional approval of an apprenticeship program pursuant to
Page 12, Line 1subsection (7)(a) of this section, the program will remain eligible
Page 12, Line 2for future covered projects, subject to annual reviews by the
Page 12, Line 3department of labor and employment for five years after
Page 12, Line 4conditional approval is granted or until it can satisfy the
Page 12, Line 5requirements of subsection (3) of this section and can show a three-year graduation track record.
Page 12, Line 6(c) To maintain conditional approval pursuant to this
Page 12, Line 7subsection (7), the apprenticeship program must demonstrate to
Page 12, Line 8the department of labor and employment that it has registered
Page 12, Line 9new apprentices into its program for every year it has been in
Page 12, Line 10operation and that it has advanced, at a minimum, ten percent of
Page 12, Line 11its apprentices in each year of operation. The department of
Page 12, Line 12labor and employment shall rescind a conditional approval for any program that fails to maintain these standards.
Page 12, Line 13(8) Project labor agreement.If all construction work on a
Page 12, Line 14covered project that is a public project is covered by a project
Page 12, Line 15labor agreement pursuant to section 24-92-115.5, the
Page 12, Line 16apprenticeship utilization requirements do not apply to the project.
Page 12, Line 17(9) Existing requirements.Nothing in this section
Page 12, Line 18supersedes the requirements for licensed plumbers, licensed
Page 12, Line 19electricians, or apprentices registered with the state pursuant
Page 12, Line 20to title 12, including sections 12-115-109, 12-115-115, 12-155-108,
Page 12, Line 21and 12-155-124 or the apprenticeship ratios established in the
Page 12, Line 22approved standards for apprenticeship programs that are
Page 12, Line 23registered with either the United States department of labor or
Page 12, Line 24a state apprenticeship agency recognized by the United States department of labor's employment and training administration.
Page 13, Line 1SECTION 4. In Colorado Revised Statutes, add 24-92-115.5 as follows:
Page 13, Line 224-92-115.5. Public projects - use of project labor agreements
Page 13, Line 3- definitions. (1) As used in this section, unless the context otherwise requires:
Page 13, Line 4(a) "Agency of government" has the meaning set forth in section 24-92-201 (1).
Page 13, Line 5(b) "Craft labor" means employees who are engaged in the
Page 13, Line 6construction of a public project, including all trades, crafts, and occupations that are paid hourly.
Page 13, Line 7(c) "Project labor agreement" means a prehire collective
Page 13, Line 8bargaining agreement between a lead contractor for a public
Page 13, Line 9project and construction labor organizations, including but not
Page 13, Line 10limited to the Colorado building and construction trades
Page 13, Line 11council and its affiliates or a group of labor unions covering
Page 13, Line 12the affected trades necessary to perform work on the public
Page 13, Line 13project, that establishes the terms and conditions of
Page 13, Line 14employment of the construction workforce on the public project. A project labor agreement must include provisions that:
Page 13, Line 15(I) Set forth effective, immediate, and mutually binding
Page 13, Line 16procedures for resolving jurisdictional labor disputes and grievances arising before the completion of work;
Page 13, Line 17(II) Contain guarantees against strikes, lockouts, or similar actions;
Page 13, Line 18(III) Ensure a reliable source of trained, skilled, and
Page 13, Line 19experienced craft labor;
Page 14, Line 1(IV) Further public policy objectives regarding improved
Page 14, Line 2employment opportunities for minorities, women, or other
Page 14, Line 3economically disadvantaged populations in the construction
Page 14, Line 4industry, including persons from disproportionately impacted communities, to the extent permitted by state and federal law;
Page 14, Line 5(V) Permit the selection of the lowest qualified
Page 14, Line 6responsible bidder or lowest qualified responsible offeror
Page 14, Line 7without regard to union or non-union status at other construction sites;
Page 14, Line 8(VI) Bind all contractors and subcontractors on the
Page 14, Line 9public project to the project labor agreement through the
Page 14, Line 10inclusion of appropriate bid specifications in all relevant contract documents; and
Page 14, Line 11(VII) Include other terms as the parties deem appropriate.
Page 14, Line 12(d) "Public project" has the meaning set forth in section 24-92-201 (5).
Page 14, Line 13(2) An agency of government is authorized to incorporate
Page 14, Line 14a project labor agreement requirement for a public project if
Page 14, Line 15the project labor agreement will promote successful project
Page 14, Line 16delivery by securing a skilled labor force for the project and if
Page 14, Line 17it will promote cost efficiency, safety, quality, and timely completion of the project.
Page 14, Line 18(3) If all construction work on a public project is covered
Page 14, Line 19by a project labor agreement, the apprenticeship utilization
Page 14, Line 20requirements specified in section 24-92-115 and the prevailing
Page 14, Line 21wage requirements specified in part 2 of this article 92 do not
Page 14, Line 22apply to the public project.
Page 15, Line 1SECTION 5. In Colorado Revised Statutes, add 24-92-119 as follows:
Page 15, Line 224-92-119. County opt in - state apprenticeship utilization and
Page 15, Line 3prevailing wage requirements - intergovernmental agreement -
Page 15, Line 4definition. (1) As used in this section, unless the context
Page 15, Line 5otherwise requires, "state apprenticeship utilization and
Page 15, Line 6prevailing wage requirements" means the apprenticeship
Page 15, Line 7utilization requirements for a public project specified in section
Page 15, Line 824-92-115 and the prevailing wage requirements for a public project specified in part 2 of this article 92.
Page 15, Line 9(2) Notwithstanding any other provision of law, a county,
Page 15, Line 10including a city and county, may opt in to the state
Page 15, Line 11apprenticeship utilization and prevailing wage requirements. A
Page 15, Line 12county that intends to opt in to such requirements may request,
Page 15, Line 13as specified in subsection (3) of this section, that the department
Page 15, Line 14of personnel collaborate with the county regarding the
Page 15, Line 15implementation, application, and enforcement of the state apprenticeship utilization and prevailing wage requirements.
Page 15, Line 16(3) To request that the department of personnel
Page 15, Line 17collaborate with a county that intends to opt in to the state
Page 15, Line 18apprenticeship utilization and prevailing wage requirements, the county must:
Page 15, Line 19(a) Prepare a draft county ordinance or resolution that
Page 15, Line 20requires the county to comply with the state apprenticeship
Page 15, Line 21utilization and prevailing wage requirements and that specifies
Page 15, Line 22how such requirements will be implemented, applied, and
Page 15, Line 23enforced in the county;
Page 16, Line 1(b) Submit the draft county ordinance or resolution to
Page 16, Line 2the department of personnel for the department's advisory
Page 16, Line 3review prior to implementation and incorporate any relevant
Page 16, Line 4input from the department to ensure that the ordinance or
Page 16, Line 5resolution, once implemented, is in compliance with the
Page 16, Line 6requirements of the state apprenticeship utilization and prevailing wage requirements;
Page 16, Line 7(c) Submit to the department of personnel the county's
Page 16, Line 8proposed terms of coordination, including the payment of
Page 16, Line 9expenses or services associated with the implementation and
Page 16, Line 10application of the state apprenticeship utilization and prevailing
Page 16, Line 11wage requirements and the costs of enforcing such requirements; and
Page 16, Line 12(d) Pass or adopt the county ordinance or resolution
Page 16, Line 13regarding the county's integration of the state apprenticeship utilization and prevailing wage requirements.
Page 16, Line 14(4) The department of personnel or other agencies of
Page 16, Line 15government and a county that opts in to the state
Page 16, Line 16apprenticeship utilization and prevailing wage requirements may
Page 16, Line 17enter into an intergovernmental agreement to address the
Page 16, Line 18rights and obligations of the parties in connection with the
Page 16, Line 19implementation, administration, and enforcement of such
Page 16, Line 20requirements. An intergovernmental agreement may address the following:
Page 16, Line 21(a) Any negotiated reasonable annual fee that the
Page 16, Line 22county will pay the state for the right to access and use state
Page 16, Line 23resources and services in connection with the county's
Page 17, Line 1integration of the state apprenticeship utilization and prevailing wage requirements;
Page 17, Line 2(b) The resources, services, assistance, or instructional
Page 17, Line 3information that the state will provide or make available to
Page 17, Line 4the county in connection with the county's integration of the
Page 17, Line 5state apprenticeship utilization and prevailing wage requirements;
Page 17, Line 6(c) An agreement about the responsibilities for
Page 17, Line 7enforcement of the state apprenticeship utilization and
Page 17, Line 8prevailing wage requirements in the county, including any
Page 17, Line 9cost-sharing agreement in connection with the costs of enforcement; and
Page 17, Line 10(d) Any other terms or agreements deemed necessary by
Page 17, Line 11the department of personnel or other agency of government and the county.
Page 17, Line 12(5) The department of personnel or other applicable
Page 17, Line 13agency of government and a county that has opted in to the
Page 17, Line 14state apprenticeship utilization and prevailing wage
Page 17, Line 15requirements shall conduct a biannual review of an
Page 17, Line 16intergovernmental agreement executed pursuant to subsection
Page 17, Line 17(4) of this section to ensure that any negotiated fees that the
Page 17, Line 18county is required to pay are adequate to ensure fair and
Page 17, Line 19reasonable compensation for state resources and services. The
Page 17, Line 20department of personnel and the county may increase or reduce the fees as deemed necessary and agreed to by both parties.
Page 17, Line 21(6) A county may terminate the intergovernmental
Page 17, Line 22agreement and opt out of the apprenticeship utilization and
Page 18, Line 1prevailing wage requirements by passing an ordinance or
Page 18, Line 2resolution that repeals the county's decision to participate in such requirements.
Page 18, Line 3SECTION 6. In Colorado Revised Statutes, add 24-92-211 as follows:
Page 18, Line 424-92-211. Public projects - use of project labor agreements.
Page 18, Line 5If all construction work on a public project is covered by a
Page 18, Line 6project labor agreement pursuant to section 24-92-115.5, the
Page 18, Line 7prevailing wage requirements specified in this part 2 do not apply to the public project.
Page 18, Line 8SECTION 7. In Colorado Revised Statutes, 24-92-302, amend (1)(k) as follows:
Page 18, Line 924-92-302. Legislative declaration. (1) The general assembly hereby finds and declares that:
Page 18, Line 10(k) Use of these quality contracting tools is already incorporated
Page 18, Line 11into Colorado's traditional public procurement law as prevailing wage and
Page 18, Line 12apprenticeship policies adopted in
sections 24-92-115 (7)Page 18, Line 1324-92-115 and part 2 of this article 92. In addition, project labor
Page 18, Line 14agreements have been successfully used in Colorado in the past for
Page 18, Line 15projects in the energy sector and the broader private sector construction
Page 18, Line 16industry. These agreements have also been upheld by the courts, for
Page 18, Line 17example, in Bldg. & Constr. Trades Council v. Associated Builders &
Page 18, Line 18Contractors of Mass./R.I., Inc., 507 U.S. 230, 231 (1993), due to their
Page 18, Line 19ability to help secure reliable craft labor staffing and promote timely project delivery.
Page 18, Line 20SECTION 8. In Colorado Revised Statutes, 24-92-303, amend
Page 18, Line 21(4) as follows:
Page 19, Line 124-92-303. Definitions. As used in this part 3, unless the context otherwise requires:
Page 19, Line 2(4) "Craft labor certification" means all documentation and
Page 19, Line 3certification of payroll required for an energy sector public works project
Page 19, Line 4in accordance with the requirements of
section 24-92-115 (7)Page 19, Line 5SECTION 9. In Colorado Revised Statutes, 24-92-304, amend (1)(a), (3), (4), and (5) as follows:
Page 19, Line 624-92-304. Energy sector public works projects - craft labor
Page 19, Line 7employment - training - wage requirements. (1) (a) Except as
Page 19, Line 8otherwise provided in subsections (1)(b) and (1)(c) of this section, a
Page 19, Line 9contract between public utilities, cooperative electric associations, or
Page 19, Line 10independent power producers and lead contractors for an energy sector
Page 19, Line 11public works project must include provisions expressly requiring that all
Page 19, Line 12work performed under the contract comply with
the requirements ofPage 19, Line 13
section 24-92-115 (7)the requirements ofPage 19, Line 14of this article 92 if the project is an electric power generation project with
Page 19, Line 15a nameplate generation capacity of one megawatt or higher or if the
Page 19, Line 16project is a project specified in section 24-92-303 (5)(b)(II) with a total
Page 19, Line 17project cost of one million dollars or more. These requirements constitute material terms of such contracts.
Page 19, Line 18(3) The lead contractor engaged to perform construction services
Page 19, Line 19for an energy sector public works project must require all subcontractors
Page 19, Line 20used on the project to comply with
section 24-92-115 (7)Page 19, Line 2124-92-115 and part 2 of this article 92 by ensuring that such requirements
Page 19, Line 22are stipulated in all subcontracts. Lead contractors must take all
Page 19, Line 23reasonably necessary steps to ensure compliance by monitoring subcontractors.
Page 20, Line 1(4) The public utilities commission shall not find an energy sector
Page 20, Line 2public works project to be in compliance with section 40-2-129 unless the
Page 20, Line 3construction contract for the project includes provisions expressly
Page 20, Line 4requiring that all work performed under the contract comply with
thePage 20, Line 5
requirements of section 24-92-115 (7)Page 20, Line 6this article 92. Compliance with this subsection (4) does not prevent the
Page 20, Line 7commission from considering all "best value" employment metrics as
Page 20, Line 8defined in section 40-2-129, including those metrics that are not directly
Page 20, Line 9related to the procurement of craft labor and apprenticeship training on an energy sector public works project.
Page 20, Line 10(5) Consistent with section 24-92-203 (4), bidders on energy
Page 20, Line 11sector public works projects shall not artificially divide the overall
Page 20, Line 12generation capacity or overall project cost of an energy sector public
Page 20, Line 13works project to deliberately avoid the requirements to comply with
Page 20, Line 14
section 24-92-115 (7)Page 20, Line 15The public utilities commission, the state, a public utility, or a cooperative
Page 20, Line 16electric association may still require compliance with prevailing wage and
Page 20, Line 17apprenticeship utilization requirements if they determine that a bidder has
Page 20, Line 18artificially divided a project with the intent of avoiding the requirement to comply with those sections.
Page 20, Line 19SECTION 10. In Colorado Revised Statutes, 24-92-305, amend (3)(a), (5) introductory portion, and (6) as follows:
Page 20, Line 2024-92-305. Energy sector public works projects - record
Page 20, Line 21keeping - reporting - craft labor certification - sanctions - compliance
Page 20, Line 22with best value employment metrics. (3) A craft labor certification
Page 20, Line 23must include the following:
Page 21, Line 1(a) A sworn attestation, under the penalty of perjury, that the lead
Page 21, Line 2contractor is fully compliant with all employment, training, and wage
Page 21, Line 3requirements of
section 24-92-115 (7)Page 21, Line 4(5) No later than January 1, 2029, and at least five years
Page 21, Line 5thereafter, the state auditor's office shall conduct an audit of the
Page 21, Line 6commission's approval of energy sector public works projects. The
Page 21, Line 7purpose of the audit is to establish oversight and accountability for
Page 21, Line 8compliance with section 40-2-129, and to determine whether a sample of
Page 21, Line 9projects that have been approved by the commission are fully compliant
Page 21, Line 10with all employment, training, wage, and apprenticeship requirements of
Page 21, Line 11
section 24-92-115 (7)Page 21, Line 12The audit must consider information and records related to the craft labor
Page 21, Line 13certifications that are collected and maintained by the department of labor
Page 21, Line 14and employment. The department of labor and employment shall provide
Page 21, Line 15any information needed to perform the audit as requested by the state auditor's office.
Page 21, Line 16(6) Violations of the requirements specified in this section,
Page 21, Line 17including wage and hour violations, violations of apprenticeship
Page 21, Line 18requirements, falsification of records, or willful noncompliance, are
Page 21, Line 19subject to the penalties and enforcement rights and remedies described in
Page 21, Line 20
sections 24-92-115 (3), 24-92-209, 24-92-210, and 24-109-105Page 21, Line 21SECTION 11. In Colorado Revised Statutes, 40-3.2-105.5, amend (3)(a)(II) as follows:
Page 21, Line 2240-3.2-105.5. Labor standards for gas DSM projects.
Page 21, Line 23(3) (a) The utility shall make use of a list, referred to in this section as the
Page 22, Line 1"certified contractor list", containing the names and contact information of:
Page 22, Line 2(II) Qualified mechanical, electrical, and plumbing contractors
Page 22, Line 3that participate in apprenticeship programs meeting the standards specified in
section 24-92-115 (1)(a)(II)Page 22, Line 4SECTION 12. In Colorado Revised Statutes, 40-3.2-105.6, amend (3)(a)(II) as follows:
Page 22, Line 540-3.2-105.6. Labor standards for beneficial electrification
Page 22, Line 6projects. (3) (a) The utility shall obtain from the Colorado department
Page 22, Line 7of labor and employment and shall make use of a list, referred to in this
Page 22, Line 8section as the "certified contractor list", containing the names and contact information of:
Page 22, Line 9(II) Qualified mechanical, electrical, and plumbing contractors
Page 22, Line 10that meet the graduation standards specified in
section 24-92-115 (1)(a)(II)Page 22, Line 11SECTION 13. Act subject to petition - effective date. This act
Page 22, Line 12takes effect July 1, 2026; except that, if a referendum petition is filed
Page 22, Line 13pursuant to section 1 (3) of article V of the state constitution against this
Page 22, Line 14act or an item, section, or part of this act within the ninety-day period
Page 22, Line 15after final adjournment of the general assembly, then the act, item,
Page 22, Line 16section, or part will not take effect unless approved by the people at the
Page 22, Line 17general election to be held in November 2026 and, in such case, will take
Page 22, Line 18effect on the date of the official declaration of the vote thereon by the governor.