| Bill # |
Calendar Notification | Short Title | Sponsors | Bill Summary | Most Recent Status | Fiscal Note | Date Introduced | Amendment Link |
| HB23-1037 | NOT ON CALENDAR | Department Of Corrections Earned Time For College Program Completion | M. Martinez (D) | R. Pugliese (R) / J. Gonzales (D) | The act requires the department of corrections (department) to, for an inmate who was sentenced for a nonviolent felony offense, deduct earned time from the inmate's sentence for each accredited degree or other credential awarded by an institution of higher education to the inmate while the inmate is incarcerated or on parole, in the following amounts:
18 months of earned time for a master's degree and 2 years of earned time for a doctoral degree;
One year of earned time for receiving an associate or baccalaureate degree; and
6 months of earned time for receiving a certificate or other credential that requires completion of at least 30 credit hours.
The act requires the department to designate up to six regionally accredited institutions of higher education that may award a degree or credential to an inmate for which earned time must be deducted.
The act requires the general assembly to annually appropriate to the department of higher education the savings incurred during the prior state fiscal year as a result of the release of inmates from correctional facilities because of earned time granted for completion of a higher education degree or credential. The appropriation to the department of higher education is for allocation to institutions of higher education that offer accredited programs in correctional facilities.
APPROVED by Governor April 12, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 4/12/2023 Governor Signed
| Fiscal Note | 2023-01-09 | Amendments |
| HB23-1118 | NOT ON CALENDAR | Fair Workweek Employment Standards | E. Sirota (D) | S. Gonzales-Gutierrez (D) / J. Gonzales (D) | F. Winter (D) |
The bill imposes requirements for certain types of employers with regard to:
The determination of employee work schedules;
Employee requests for changes to work schedules; and
Notices and posting of employee work schedules.
In addition to pay for hours worked by the employee, the bill requires certain types of employers to pay employees:
Predictability pay when an employer makes certain changes to an employee's work schedule;
Rest shortfall pay when an employee is required to work hours without a minimum period of rest after a prior shift;
Retention pay when an employer provides work hours to a new employee without first offering the work hours to existing employees; and
Minimum weekly pay in an amount that corresponds to 15% of the average weekly hours indicated on the employee's anticipated work plan, paid at the greater of the employee's regular rate of pay or the minimum wage, regardless of whether the employee works such hours.
The bill prohibits employers from discriminating or taking any adverse action against an employee based on the hours an employee is scheduled or actually works, the expected duration of employment, or the employee's desired work schedule. The bill also prohibits retaliation against an employee for attempting to exercise any right created in the bill. Employers are required to retain records demonstrating their compliance with the requirements of the bill.
A person who is aggrieved by a violation of the requirements of the bill may file a complaint with the division of labor standards and statistics (division) in the department of labor and employment or bring a civil action in district court. The division is authorized to investigate complaints and, upon determining that a violation occurred, to impose fines, penalties, or damages and award attorney fees and costs. The division is also authorized to bring a civil action to enforce the requirements of the bill. The bill includes protections for whistleblowers and establishes penalties for violations.
The director of the division is required to promulgate rules to implement the bill.
(Note: This summary applies to this bill as introduced.)
| 3/2/2023 House Committee on Business Affairs & Labor Postpone Indefinitely
| Fiscal Note | 2023-01-24 | No amendments found |
| HB23-1124 | NOT ON CALENDAR | Funding For Services For Colorado Employment First Participants | M. Lindsay (D) / R. Fields (D) |
The bill requires the general assembly to annually appropriate $1.5 million from the general fund to the department of human services for continued employment support and job retention services and to continue to support work-based learning opportunities for Colorado employment first participants.(Note: This summary applies to this bill as introduced.)
| 5/11/2023 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
| Fiscal Note | 2023-01-30 | No amendments found |
| HB23-1196 | NOT ON CALENDAR | Remedies At Law For Violating Colorado Youth Act | S. Lieder (D) / T. Sullivan (D) | The act amends the "Colorado Youth Employment Opportunity Act of 1971" (CYEOA) to allow aggrieved parties, including parents of children protected by the CYEOA, to pursue remedies at law and in equity for violations of the act, in addition to workers' compensation remedies, if:
An injury occurs to a minor during a week when the employer intentionally required the minor to work hours in violation of those allowed by the CYEOA; or
An injury occurs to a minor while the minor was engaging in work prohibited by the CYEOA.
The act clarifies that economic damages for claims in tort recovered by a party aggrieved by a violation of the CYEOA against the employer of a minor pursuant to the act must be reduced by the amount of compensation and benefits that the minor or the minor's dependents received for the same harm through the employer's workers' compensation insurance.
APPROVED by Governor June 7, 2023
EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
| 6/7/2023 Governor Signed
| Fiscal Note | 2023-02-14 | Amendments |
| HB23-1212 | NOT ON CALENDAR | Promotion Of Apprenticeships | E. Hamrick (D) | S. Lieder (D) / C. Kolker (D) | J. Danielson (D) | The act directs the office of future of work (office) in the department of labor and employment (department) to create a two-year apprenticeship navigator pilot program (program) with 2 full-time apprenticeship navigators, with each apprenticeship navigator assigned to a different school district selected by the office. The purpose of the program is to increase awareness of registered apprenticeship programs among graduating high school students in the selected school districts.
Upon completion of the program, the act requires that the department issue a report detailing the direct and indirect costs of the operation and administration of the program to specified legislative committees of reference.
The act directs the office to promote apprenticeship programs to high school students by creating and maintaining a web-based job board of apprenticeships and incorporating apprenticeships in the state's career planning tools.
The department may promulgate rules for the administration of the program.
The program is repealed, effective January 1, 2027.
The act appropriates $342,638 from the general fund to the department for use by the department's executive director's office for the 2023-24 state fiscal year. The act also appropriates $44,000 to the department of education from the general fund for the 2023-24 state fiscal year.
APPROVED by Governor May 16, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 5/16/2023 Governor Signed
| Fiscal Note | 2023-02-21 | Amendments |
| HB23-1246 | NOT ON CALENDAR | Support In-demand Career Workforce | J. McCluskie (D) | R. Pugliese (R) / J. Buckner (D) | P. Will (R) | The act directs the state board of community colleges and occupational education (board) to administer the in-demand short-term credentials program (program) to support the expansion of the number of available and qualified professionals who are able to meet Colorado's in-demand workforce needs. Under the program, the board is required to allocate funds to community and technical colleges, area technical colleges, local district colleges, and Colorado Mesa university to provide assistance to students for eligible expenses that support their enrollment in eligible programs. If unexpended resources exist, the funds must be used to pay for a student's housing, transportation, child or dependent care, or food expenses. The act requires the Colorado commission on higher education to submit a report regarding the program to the house of representatives and senate education committees during its annual "SMART Act" hearing.
The act requires the office of future work (office) to provide grants to registered apprenticeship programs that provide training in the building and construction trade at no cost to apprentices (grant program). The act requires the office to submit a report regarding the grant program to the house of representatives business affairs and labor committee and senate business, labor, and technology committee during its annual "SMART Act" hearing.
In the 2022-23 state fiscal year, the general assembly appropriated $10 million to the department of public health and environment (department) for the purpose of recruitment and re-engagement efforts with health-care professionals with licenses and staffing. The act extends the authority for the department to use the appropriation through December 30, 2024.
In the 2022-23 state fiscal year, the general assembly appropriated $3 million to the department for the school nurse grant program, which provides grants for hiring school nurses for public schools. The act extends the authority for the department to use the appropriation through December 30, 2024.
For the 2023-24 state fiscal year, $43,600,000 is appropriated from the general fund to the department of higher education, of which:
$38,600,000 for the program; and
$5,000,000 to establish 2 new short-term degree nursing programs at community or technical colleges.
For the 2023-24 state fiscal year, $1,400,000 is appropriated from the general fund to the department of labor and employment for the grant program.
APPROVED by Governor May 16, 2023
EFFECTIVE May 16, 2023 (Note: This summary applies to this bill as enacted.)
| 5/16/2023 Governor Signed
| Fiscal Note | 2023-03-14 | Amendments |
| SB23-051 | NOT ON CALENDAR | Conforming Workforce Development Statutes | N. Hinrichsen (D) | T. Sullivan (D) / D. Ortiz (D) | M. Lukens (D) | The office of future of work (OFW) was created in the department of labor and employment (department) by executive order of the governor in 2019 to respond to the changing nature of work in the state. The act creates the OFW in statute and expands the duties of the OFW. The purpose of the OFW is to:
Identify opportunities for Colorado's communities to transition effectively to emerging industries;
Ensure the inclusion of key stakeholders and engage partnerships across public and private sectors;
Host, organize, and convene task forces, summits, and other appropriate meetings with diverse stakeholders, designed to improve the state's understanding of the social and economic impacts of the changing nature of work;
Explore ways that the state can prepare for current and future impacts, including through the modernization of worker benefits and protections, the development of a skilled and resilient workforce through coordination of registered apprenticeship programs, and the identification of new policy and program solutions; and
Undertake studies, research, and factual reports related to issues of concern and importance to Colorado's future workforce.
The executive director of the department is required to submit a report to the governor, at least once per calendar year, that includes recommendations for potential policy initiatives.
In 2021, House Bill 21-1007 created the state apprenticeship agency (SAA) in the department. The act amends provisions governing the SAA to enable the United States department of labor's office of apprenticeship to recognize Colorado's state apprenticeship agency and authorize the SAA to register and oversee apprenticeship programs. To conform with regulations promulgated by the United States secretary of labor under the federal "National Apprenticeship Act", the act:
Modifies references to apprenticeships in Colorado statutes;
Directs the SAA to establish the state apprenticeship council (SAC) to provide advice and guidance to the SAA;
Creates the committee for apprenticeship in the building and construction trades (CABCT) as a subcommittee of the SAC to advise the SAA on registered apprenticeship programs for the building and construction trades in the state; and
Changes the name of the interagency advisory committee on apprenticeship to the committee for apprenticeship in new and emerging industries (CANEI), designated as a subcommittee of the SAC and tasked with advising the SAA on apprenticeship programs that are not within the jurisdiction of the CABCT.
The bill allows the general assembly to appropriate money from the general fund or any other available source to the department to pay for the OFW to carry out the duties specified in the act. The OFW is also authorized to seek, accept, and expend gifts, grants, or donations to fund its duties.
APPROVED by Governor March 23, 2023
EFFECTIVE March 23, 2023 (Note: This summary applies to this bill as enacted.)
| 3/23/2023 Governor Signed
| Fiscal Note | 2023-01-17 | Amendments |
| SB23-058 | NOT ON CALENDAR | Job Application Fairness Act | J. Danielson (D) | S. Jaquez Lewis (D) / J. Willford (D) | M. Young (D) | Starting July 1, 2024, the act prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application.
An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:
A bona fide occupational qualification pertaining to public or occupational safety;
A federal law or regulation; or
A state or local law or regulation based on a bona fide occupational qualification.
The act allows an employer to request or require an individual to provide additional application materials, including copies of certifications, transcripts, and other materials created by third parties, at the time of an initial employment application if the employer notifies the individual that the individual may redact information that identifies the individual's age, date of birth, or dates of attendance at or graduation from an educational institution.
The department of labor and employment (department) is charged with enforcing the requirements of the act and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers.
For the 2023-24 state fiscal year, $56,468 is appropriated from the general fund to the department for use by the division of labor standards and statistics to pay program costs related to labor standards.
APPROVED by Governor June 2, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 6/2/2023 Governor Signed
| Fiscal Note | 2023-01-17 | Amendments |
| SB23-087 | NOT ON CALENDAR | Teacher Degree Apprenticeship Program | J. Marchman | M. Baisley (R) / C. Kipp (D) | D. Wilson (R) | As an alternative route to teacher licensure, the act creates a teacher degree apprenticeship program (apprenticeship program). The apprenticeship program builds on elements of current alternative teacher licensure programs, including a bachelor's degree requirement, training programs approved by the state department of education (CDE), and structured on-the-job training. The apprenticeship program is run collaboratively with the United States department of labor office of apprenticeship (DOL office) and the state apprenticeship office (state office) and utilizes apprentice mentor teachers and teacher apprenticeship program sponsors (sponsor).
The act allows CDE to issue a teacher apprenticeship authorization (authorization) to a person (apprentice) who is employed by a school district, board of cooperative services, charter school, or institute charter school (school) who is actively registered in an apprenticeship program, and who is actively enrolled in an affiliated bachelor's degree program from an accredited institution. The authorization is valid for 4 years while the apprentice completes the bachelor's degree requirement of the program. CDE may renew the authorization for up to 2 successive terms, in increments of 2 years, as necessary for the apprentice to fulfill the apprenticeship requirements. An authorization is invalid if the apprentice withdraws from any part of the apprenticeship program or fails to make satisfactory progress.
Upon application from an entity with expertise in apprenticeship or teacher preparation, CDE shall authorize the entity to serve as a sponsor. Applications to serve as a sponsor must include a proposed work process schedule and related instruction plan required by the DOL office and state office. CDE shall review each application and approve or disapprove the sponsor. If approved, the sponsor may apply to CDE for approval of an apprenticeship program.
An apprenticeship program must meet the following criteria:
Be registered with the DOL office or state office;
Incorporate a bachelor's degree program from an accredited institution in a related field of study relative to the licensure type; and
Incorporate on-the-job training in meaningful and time-saving ways.
Every 5 years after apprenticeship program approval, CDE shall consult with the DOL office or state office concerning the federally required audit of the apprenticeship program to ensure the apprenticeship program continues to meet requirements.
The state board of education is authorized to promulgate rules for the implementation of the apprenticeship program.
For the 2023-24 state fiscal year, $116,134 is appropriated from the general fund to the department of education.
For the 2023-24 state fiscal year, $26,435 is appropriated to the department of law from reappropriated funds received from the department of education. The department of law may use this appropriation to provide legal services for the department of education.
APPROVED by Governor May 15, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 5/15/2023 Governor Signed
| Fiscal Note | 2023-01-27 | Amendments |
| SB23-146 | NOT ON CALENDAR | Colorado Apprenticeship Directory Information | J. Danielson (D) / S. Lieder (D) | R. English (D) | In 2019, the general assembly created the Colorado state apprenticeship resource directory (directory), established by the department of labor and employment (department), that lists registered apprenticeship program sponsors that operate programs in Colorado. The act expands the information the department requires apprenticeship programs to submit to include the credits, certificates, or other credentials earned or prepared for through a program; program completion metrics; and wage-related information. The directory must also include information regarding each program's registration information and registered apprenticeship program standards.
The act requires the department, in its efforts to promote awareness of the directory, to conduct annual outreach that includes providing technical assistance and resources to promote apprenticeship openings.
APPROVED by Governor April 17, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 4/17/2023 Governor Signed
| Fiscal Note | 2023-02-08 | Amendments |
| SB23-172 | NOT ON CALENDAR | Protecting Opportunities And Workers' Rights Act | F. Winter (D) | J. Gonzales (D) / M. Weissman (D) | J. Bacon (D) | For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the act enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:
Directs the Colorado civil rights division (division) to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism;
Repeals the current definition of "harass" that requires creation of a hostile work environment and redefines "harass" or "harassment" as unwelcome conduct directed at an individual or group of individuals in, or perceived to be in, a protected class, which conduct is subjectively offensive to the individual alleging harassment and objectively offensive to members of the same protected class as the individual alleging harassment, and which conduct need not be severe or pervasive to constitute a discriminatory or an unfair employment practice;
Adds protections from discriminatory or unfair employment practices for individuals based on their marital status;
For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual's disability has a significant impact on the job as a rationale for the employment practice and specifies that the exception is limited to situations in which there is no reasonable accommodation that would allow the individual to satisfy the essential functions of the job;
Specifies the requirements for an employer to assert an affirmative defense to an employee's proven claim of unlawful harassment by a supervisor;
Specifies the requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and an employee or a prospective employee to be enforceable; and
Requires an employer to maintain personnel and employment records for at least 5 years and, with regard to complaints of discriminatory or unfair employment practices, to maintain those records in a designated repository.
The act appropriates a total of $1,248,170 from the general fund for the 2023-24 state fiscal year, allocated as follows to the following state departments and offices, to implement the act:
$152,866 to the department of corrections;
$23,469 to the department of education;
$35,415 to the office of the governor;
$23,363 to the department of health care policy and financing;
$129,081 to the department of human services;
$146,894 to the judicial department;
$46,833 to the department of labor and employment;
$17,708 to the department of law;
$76,276 to the department of natural resources;
$89,090 to the department of personnel;
$52,912 to the department of public health and environment;
$52,912 to the department of public safety;
$266,298 to the department of regulatory agencies; and
$47,045 to the department of revenue.
Additionally, $88,008 is appropriated from the state highway fund to the department of transportation to implement the act.
APPROVED by Governor June 6, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 6/6/2023 Governor Signed
| Fiscal Note | 2023-02-27 | Amendments |
| SB23-205 | NOT ON CALENDAR | Universal High School Scholarship Program | J. Bridges (D) | P. Lundeen (R) / M. Martinez (D) | D. Wilson (R) | The act establishes the universal high school scholarship program (program) in the office of economic development (office) to provide scholarships for the 2024-25 academic year to students who pursue an in-demand or high-priority postsecondary pathway, including degrees, certificates, and registered apprenticeships, with a provider on the eligible training provider lists disseminated by the department of labor and employment, a provider in the Colorado state apprenticeship resource directory, a public or private institution of higher education operating in Colorado, or an organization approved by the office (service providers).
The office, or a vendor contracted by the office, administers the program. The office shall develop policies and procedures necessary to administer the program.
A student is eligible for the program if the student graduated from a Colorado high school or was awarded a high school equivalency credential during the 2023-24 academic year; completes the free application for federal student aid or the Colorado application for state financial aid; and did not receive a grant from the Colorado opportunity scholarship initiative.
Scholarships are awarded in the following priority: First, to all eligible students who intend to enroll at a service provider to pursue an in-demand or high-priority postsecondary pathway, then to other eligible students who intend to enroll at a service provider. The office or vendor determines the amount of each scholarship award, up to a maximum $1,500. Scholarship money is distributed to the service provider for use by the student for tuition, fees, and books.
The act requires the office to contract with vendors to provide postsecondary and career advising at schools identified by the office. The office shall make efforts to identify a diversity of schools in rural and urban areas of the state to receive postsecondary advising support.
The act requires the state treasurer to transfer $25 million from the general fund to the universal high school scholarship cash fund (cash fund). The act appropriates $25 million from the cash fund to the office of the governor for the program.
APPROVED by Governor May 16, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 5/16/2023 Governor Signed
| Fiscal Note | 2023-03-21 | Amendments |
| SB23-214 | NOT ON CALENDAR | 2023-24 Long Bill | R. Zenzinger (D) / S. Bird (D) | For the fiscal year beginning July 1, 2023, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions. The grand total for the operating budget is set at $40,533,777,133. The general funds portion of the appropriation is set at $11,207,009,905; the general fund exempt portion is set at $3,489,095,143; the cash funds portion is set at $10,504,822,476; the reappropriated funds portion is set at $2,603,239,303; and federal funds portion is set at $12,729,610,306.
The grand total for the state fiscal year beginning July 1, 2023, for capital construction projects is set at $471,149,105. The capital construction fund portion is set at $256,358,189; the cash funds portion is set at $212,411,819; and the federal funds portion is set at $2,379,097.
The grand total for the state fiscal year beginning July 1, 2023, for information technology projects is set at $124,261,834. The capital construction fund portion is set at $64,890,922; the cash funds portion is set at $8,184,071; the reappropriated funds portion is set at $996,386; and the federal funds portion is set at $50,190,455.
The 2022 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the judicial department and the departments of corrections, early childhood, education, health care policy and financing, higher education, human services, judicial department, nd public health and environment.
Appropriations were made in several bills during the 2022 legislative session as further amended to extend the appropriation for unexpended amounts to the 2023-24 fiscal year.
APPROVED by Governor May 1, 2023
EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
| 5/1/2023 Governor Signed
| | 2023-03-27 | Amendments |
| SB23-292 | NOT ON CALENDAR | Labor Requirements For Energy Sector Construction | C. Hansen (D) | S. Fenberg (D) / M. Duran (D) | S. Bird (D) | In 2019, the general assembly adopted an apprenticeship utilization law (apprenticeship utilization law) that requires the general contractor for a public project that does not receive federal money, and that is in the amount of $1,000,000 or more, to submit, at the time a mechanical, electrical, or plumbing subcontractor is put under contract, certain documentation regarding the contractors that will do the work to the contracting agency. At the same time, the general assembly also adopted a prevailing wage law (prevailing wage law) that requires any contractor who is awarded a contract for a public project by an agency of government for $500,000 or more and that does not include federal money, and any subcontractors working on the public project, to pay their employees a prevailing wage at weekly intervals.
The act creates a new category of public projects defined as "energy sector public works projects", and requires these projects to comply with the requirements of the apprenticeship utilization law and the prevailing wage law. An "energy sector public works project" is any project that:
Has the purpose of generating, transmitting, or distributing electricity or natural gas to provide energy to Colorado individual consumers and businesses, is built by or for a public utility, and is funded in whole or in part by the state or utility customer funding; or
Has the purpose of generating or distributing electricity or natural gas for the purpose of providing energy to Colorado individual consumers and businesses from utility customer funding as approved by a cooperative electric association.
With certain exceptions, the act requires that a contract between public utilities, cooperative electric associations, or independent power producers and lead contractors for an energy sector public works project include provisions that expressly require that all work performed under the contract comply with the apprenticeship utilization law and the state prevailing wage law if the project is an electric power generation project with a nameplate generation capacity of one megawatt or higher or if the project is a project other than an electric power generation project with a total cost of one million dollars or more. All contracts with subcontractors on the project are also required to include such provisions. If the contract for an energy sector public works project does not include such provisions, the project will not be eligible to receive state funding or to receive required authorizations or approvals from the public utilities commission (PUC).
For projects funded in whole or in part by the state, the requirements to comply with the apprenticeship utilization law and the prevailing wage law apply only when the project is a power generation project with a nameplate generation capacity of one megawatt or higher or an energy storage system with an energy rating of one megawatt of power capacity or 4 megawatt hours of useable energy capacity or higher and the aggregated public assistance from the state is $500,000 or more. For other projects, the apprenticeship utilization law and the prevailing wage law apply only when the total project cost is one million dollars or more and the aggregated public assistance from the state, funding from a public utility, or funding from a cooperative electric association is $500,000 or more.
The requirements to comply with the apprenticeship utilization law and the prevailing wage law do not apply to a project that is covered by a project labor agreement, work on an energy sector public works project performed by employees of a utility company, work on an energy sector public works project put out to bid on or after January 1, 2024, that is qualified for and claims the increased federal production tax credit or investment tax credit amount by having satisfied federal "Inflation Reduction Act" requirements, a utility-incentivized demand-side management or electrification program, a utility or state-funded building energy efficiency program, service agreements that were entered into on or before March 1, 2023, projects that involve an electric distribution line with a specified capacity, and projects that involve pipelines with a specified minimum yield strength.
The lead contractor for an energy sector public works project is required to prepare certified payroll records for workers directly employed by the contractor, obtain certified payroll records from all contractors and subcontractors on the project, and submit the records to the public utility or other owner of the energy sector public works project weekly. The lead contractor is also required to prepare a quarterly craft labor certification that attests that the lead contractor and all subcontractors are compliant with the apprenticeship utilization law and the prevailing wage law. The public utility, cooperative electric association, independent power producer, or other owner of an energy sector public works project is required to maintain the records for all craft labor certifications and is required to either provide copies quarterly to the department of labor and employment or require the lead contractor to provide such copies.
The state auditor's office is required to conduct an audit of the PUC's approval of energy sector public works projects no later than January 1, 2029, and at least 5 years thereafter. The purpose of the audit is to establish oversight and accountability for compliance with the "best value" employment metrics for electric resources acquisition and the employment, training, wage, and apprenticeship requirements specified in the act.
Violations of the requirements for energy sector public works project contracts are subject to the penalties described in the apprenticeship utilization law and the prevailing wage law.
In lieu of compliance with the apprenticeship utilization law and the prevailing wage law, a public utility, cooperative electric association, or independent power producer may incorporate a project labor agreement requirement for an energy sector public works project. The PUC is prohibited from denying approval of an energy sector public works project solely because it uses a project labor agreement.
The act specifies which provisions of the apprenticeship utilization law for public projects apply to energy sector public works projects.
Regarding "best value" employment metrics that the PUC is required to consider when it evaluates electric resource acquisitions and requests for certificates of public convenience and necessity for construction or expansion of generating facilities, the act requires the PUC to promulgate rules requiring utilities, when submitting annual progress reports for an electric resource acquisition, to collect and provide to the PUC information concerning the implementation of "best value" employment metrics and requires the PUC to report annually to committees of reference of the general assembly concerning the information that is reported.
The act adds enforcement mechanisms for the existing mechanical, electrical, and plumbing apprenticeship utilization requirements for gas demand-side management projects and beneficial electrification projects. In addition, the act requires that projects undertaken pursuant to specified existing state laws comply with the state mechanical, electrical, and plumbing apprenticeship utilization law and the state prevailing wage law.
For the 2023-24 state fiscal year, the act appropriates $108,401 from the general fund to the department of labor and employment for use by the division of labor standards and statistics to implement the act.
APPROVED by Governor May 23, 2023
EFFECTIVE January 1, 2024
NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
| 5/23/2023 Governor Signed
| Fiscal Note | 2023-04-19 | Amendments |
