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. In Colorado Revised Statutes, add 24-92-115.5 as follows:
Page 3, Line 324-92-115.5. Public projects - use of project labor agreements
Page 3, Line 4- definitions. (1) As used in this section, unless the context otherwise requires:
Page 3, Line 5(a) "Agency of government" has the meaning set forth in section 24-92-201 (1).
Page 3, Line 6(b) "Craft labor" means employees who are engaged in the
Page 3, Line 7construction of a public project, including all trades, crafts, and occupations that are paid hourly.
Page 3, Line 8(c) "Lead contractor" means a general contractor,
Page 4, Line 1construction manager, developer, design builder, or other party
Page 4, Line 2that is primarily responsible to an agency of government for performing construction under a contract for a public project.
Page 4, Line 3(d) "Project labor agreement" means a prehire collective
Page 4, Line 4bargaining agreement between a lead contractor for a public
Page 4, Line 5project of an agency of government and construction labor
Page 4, Line 6organizations, including but not limited to the Colorado
Page 4, Line 7building and construction trades council and its affiliates or a
Page 4, Line 8group of labor unions covering the affected trades necessary
Page 4, Line 9to perform work on the public project, that establishes the
Page 4, Line 10terms and conditions of employment of the construction
Page 4, Line 11workforce on the public project. A project labor agreement must include provisions that:
Page 4, Line 12(I) Set forth effective, immediate, and mutually binding
Page 4, Line 13procedures for resolving jurisdictional labor disputes and grievances arising before the completion of work;
Page 4, Line 14(II) Contain guarantees against strikes, lockouts, or similar actions;
Page 4, Line 15(III) Ensure a reliable source of trained, skilled, and experienced craft labor;
Page 4, Line 16(IV) Further public policy objectives regarding improved
Page 4, Line 17employment opportunities for minorities, women, or other
Page 4, Line 18economically disadvantaged populations in the construction
Page 4, Line 19industry, including persons from disproportionately impacted communities, to the extent permitted by state and federal law;
Page 4, Line 20(V) Permit the selection of the lowest qualified
Page 4, Line 21responsible bidder or lowest qualified responsible offeror
Page 5, Line 1without regard to union or non-union status at other construction sites;
Page 5, Line 2(VI) Bind all contractors and subcontractors on the
Page 5, Line 3public project to the project labor agreement through the
Page 5, Line 4inclusion of appropriate bid specifications in all relevant contract documents; and
Page 5, Line 5(VII) Include other terms as the parties deem appropriate.
Page 5, Line 6(e) "Public project" has the meaning set forth in section 24-92-201 (5).
Page 5, Line 7(2) An agency of government is authorized to incorporate
Page 5, Line 8a project labor agreement requirement for a public project in
Page 5, Line 9the amount of one million dollars or more if the project labor
Page 5, Line 10agreement will promote successful project delivery by securing
Page 5, Line 11a skilled labor force for the project and if it will promote cost
Page 5, Line 12efficiency, safety, quality, and timely completion of the project.
Page 5, Line 13The determination to enter into a project labor agreement is at the discretion of the agency of government.
Page 5, Line 14SECTION 2. In Colorado Revised Statutes, 24-92-115, amend (1)(a) introductory portion as follows:
Page 5, Line 1524-92-115. Apprenticeship utilization requirements -
Page 5, Line 16mechanical, electrical, and plumbing contracts - public projects -
Page 5, Line 17definition. (1) (a) Unless prohibited by applicable federal law, and
Page 5, Line 18except as otherwise provided in subsection (1)(b) of this section, the
Page 5, Line 19contract for any public
worksPage 5, Line 20including a public project that will have an integrated project delivery
Page 5, Line 21contract pursuant to article 93 of this title 24, in the amount of one million
Page 5, Line 22dollars or more shall require the general contractor or other firm to which
Page 6, Line 1the contract is awarded to submit, at the time the mechanical, electrical,
Page 6, Line 2or plumbing subcontractor is put under contract, documentation to the agency of government that:
Page 6, Line 3SECTION 3. Act subject to petition - effective date. This act
Page 6, Line 4takes effect July 1, 2027; except that, if a referendum petition is filed
Page 6, Line 5pursuant to section 1 (3) of article V of the state constitution against this
Page 6, Line 6act or an item, section, or part of this act within the ninety-day period
Page 6, Line 7after final adjournment of the general assembly, then the act, item,
Page 6, Line 8section, or part will not take effect unless approved by the people at the
Page 6, Line 9general election to be held in November 2026 and, in such case, will take
Page 6, Line 10effect July 1, 2027, or on the date of the official declaration of the vote thereon by the governor, whichever is later.