Amendments for SB23-292
Senate Journal, April 25
After consideration on the merits, the Committee recommends that SB23-292 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 10, line 6, strike "ENERGY CREDITS,".
Page 10, line 21, strike "INCLUDES:" and substitute "INCLUDES THE FOLLOWING
PROJECT TYPES, SO LONG AS THEY SATISFY THE CRITERIA IN SUBSECTION
(5)(a)(I) OR (5)(a)(II) OF THIS SECTION:".
Page 11, line 3, strike "GAS" and substitute "UTILITY GAS".
Page 11, line 8, strike "AND".
Page 15, line 11, after "BUILDING" insert "ENERGY".
Page 18, line 9, strike "CERTIFICATIONS AND" and substitute "CERTIFICATIONS.
THE PUBLIC UTILITY, COOPERATIVE ELECTRIC ASSOCIATION, INDEPENDENT
POWER PRODUCER, OR OTHER OWNER OF AN ENERGY SECTOR PUBLIC WORKS
PROJECT".
Page 18, strike lines 13 through 25 and substitute:
"(5) NO LATER THAN JANUARY 1, 2029, AND AT LEAST FIVE YEARS
THEREAFTER, THE STATE AUDITOR'S OFFICE SHALL CONDUCT AN AUDIT OF THE
COMMISSION'S APPROVAL OF ENERGY SECTOR PUBLIC WORKS PROJECTS. THE
PURPOSE OF THE AUDIT IS TO ESTABLISH OVERSIGHT AND ACCOUNTABILITY FOR
COMPLIANCE WITH SECTION 40-2-129, AND TO DETERMINE WHETHER A SAMPLE
OF PROJECTS THAT HAVE BEEN APPROVED BY THE COMMISSION ARE FULLY
COMPLIANT WITH ALL EMPLOYMENT, TRAINING, WAGE, AND APPRENTICESHIP
REQUIREMENTS OF SECTION 24-92-115 (7) AND PART 2 OF THIS ARTICLE 92. THE
AUDIT MUST CONSIDER INFORMATION AND RECORDS RELATED TO THE CRAFT
LABOR CERTIFICATIONS THAT ARE COLLECTED AND MAINTAINED BY THE
DEPARTMENT OF LABOR AND EMPLOYMENT. THE DEPARTMENT OF LABOR AND
EMPLOYMENT SHALL PROVIDE ANY INFORMATION NEEDED TO PERFORM THE
AUDIT AS REQUESTED BY THE STATE AUDITOR'S OFFICE.
(a) THE AUDIT PROCESS MUST SELECT A SAMPLE OF PROJECTS FOR
REVIEW AND ENSURE THAT THE SCOPE OF THE AUDIT ENCOMPASSES THE BROAD
TYPES OF ENERGY SECTOR PUBLIC WORKS PROJECTS.
(b) UPON RELEASE OF THE AUDIT REPORT BY THE LEGISLATIVE AUDIT
COMMITTEE, THE STATE AUDITOR MUST MAKE THE RESULTS OF THE AUDIT
AVAILABLE TO THE PUBLIC.
(c) AFTER CONDUCTING TWO AUDITS UNDER THIS SUBSECTION (5), THE
STATE AUDITOR MAY CONDUCT ADDITIONAL AUDITS IN THE STATE AUDITOR'S
DISCRETION.".
Page 20, line 8, strike "OF AN ENERGY SECTOR PUBLIC".
Page 20, line 9, strike "WORKS PROJECT".
Page 21, lines 5 and 6, strike "IN THE AMOUNT OF ONE MILLION DOLLARS OR
MORE,".
Page 21, line 17, strike "COUNCILS" and substitute "AGENCIES".
Page 22, line 3, strike "COUNCIL" and substitute "AGENCY".
Page 22, line 6, strike "ARE SUBJECT TO" and substitute "SATISFY".
Page 22, line 7, strike "SECTION;" and substitute "SECTION AT THE TIME THE
CONTRACT OR SUBCONTRACT WAS EXECUTED;".
Page 24, line 20, strike "councils" and substitute "councils AGENCIES".
Page 25, line 2, strike "MATERIALS;" and substitute "MATERIALS, INCLUDING
CONSIDERATION OF THE POTENTIAL FOR DOMESTICALLY MANUFACTURED
MATERIALS BEING UNAVAILABLE IN THE MARKETPLACE;".
Page 27, line 18, strike "COUNCILS" and substitute "AGENCIES".
Page 29, strike lines 11 through 16 and substitute:
"(7) (a) THE UTILITY THAT OFFERS THE REBATE OR INCENTIVE
PURSUANT TO THIS SECTION MUST ESTABLISH PERIODIC AUDITS OF THE
QUALIFYING REBATES THAT REPRESENT THE HIGHEST TWO PERCENT OF REBATES
ISSUED BY DOLLAR AMOUNT AT LEAST EVERY THREE YEARS TO ENSURE THAT
THE CONTRACTORS OR SUBCONTRACTORS MAINTAIN COMPLIANCE WITH THIS
SECTION.".
Page 30, line 14, strike "COUNCILS" and substitute "AGENCIES".
Page 32, strike lines 7 through 12 and substitute:
"(7) (a) THE UTILITY THAT OFFERS THE REBATE OR INCENTIVE
PURSUANT TO THIS SECTION MUST ESTABLISH PERIODIC AUDITS OF THE
QUALIFYING REBATES THAT REPRESENT THE HIGHEST TWO PERCENT OF REBATES
ISSUED BY DOLLAR AMOUNT AT LEAST EVERY THREE YEARS TO ENSURE THAT
THE CONTRACTORS OR SUBCONTRACTORS MAINTAIN COMPLIANCE WITH THIS
SECTION.".
Page 33, line 27, after "act" insert "only".
Page 34, strike line 1 and substitute "which a public utility or cooperative
electric association invitation for bids or proposals is issued on or after January
1,".
Senate Journal, April 28
After consideration on the merits, the Committee recommends that SB23-292 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 33, after line 17 insert:
"SECTION 12. Appropriation. For the 2023-24 state fiscal year,
$108,401 is appropriated to the department of labor and employment for use by
the division of labor standards and statistics. This appropriation is from the
general fund and is based on an assumption that the division will require an
additional 1.0 FTE. To implement this act, the division may use this
appropriation for program costs related to labor standards.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "CONSTRUCTION." and substitute "CONSTRUCTION,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Appro-
priations
Senate Journal, April 28
SB23-292 by Senator(s) Hansen and Fenberg, Coleman, Danielson, Exum, Hinrichsen, Marchman,
Mullica, Roberts, Rodriguez; also Representative(s) Duran and Bird--Concerning labor
requirements for energy sector construction.
Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, April 25, page(s) 1073-1074 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 28, page(s) 1190-1191 and placed in members' bill files.)
Amendment No. 3(L.006), by Senator Hansen.
Amend printed bill, page 14, strike lines 4 through 12 and substitute:
"(b) (I) FOR ENERGY SECTOR PUBLIC WORKS PROJECTS FUNDED
PURSUANT TO SECTION 24-92-303 (5)(a)(I)(A), THE REQUIREMENTS OF THIS
PART 3 APPLY ONLY WHEN THE PROJECT IS A POWER GENERATION PROJECT WITH
A NAMEPLATE GENERATION CAPACITY OF ONE MEGAWATT OR HIGHER AND THE
AGGREGATED PUBLIC ASSISTANCE FROM THE STATE IS FIVE HUNDRED
THOUSAND DOLLARS OR MORE.
(II) FOR ENERGY SECTOR PUBLIC WORKS PROJECTS UNDER
24-92-303(5)(b)(II), THE REQUIREMENTS OF THIS PART 3 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 FIVE
HUNDRED THOUSAND DOLLARS OR MORE.".
Page 27, line 4, strike "CUSTOMER" and substitute "BUILDING OWNER".
Page 28, after line 9 insert:
"(c) THIS SUBSECTION (5) DOES NOT APPLY TO A GAS DSM PROGRAM
THAT IS LIMITED TO IN-UNIT WORK IN A MULTIFAMILY BUILDING, AS
UNDERTAKEN BY THE OWNER OR TENANT OF THE MULTIFAMILY BUILDING OR
UNIT.".
Page 30, line 1, strike "CUSTOMER," and substitute "BUILDING OWNER AS PART
OF THE BENEFICIAL ELECTRIFICATION PROGRAM,".
Page 31, after line 5 insert:
"(c) THIS SUBSECTION (5) DOES NOT APPLY TO A BENEFICIAL
ELECTRIFICATION PROJECT THAT IS LIMITED TO IN-UNIT WORK IN A
MULTIFAMILY BUILDING, AS UNDERTAKEN BY THE OWNER OR TENANT OF THE
MULTIFAMILY BUILDING OR UNIT.".
Amendment No. 4(L009), by Senator Hansen.
Amend printed bill, page 10, line 26, strike "FUELS;" and substitute "FUELS OR
AN ENERGY STORAGE SYSTEM AS DEFINED BY SECTION 40-2-202 WITH AN
ENERGY RATING OF ONE MEGAWATT OF POWER CAPACITY OR FOUR MEGAWATT
HOURS OF USEABLE ENERGY CAPACITY OR HIGHER;".
Amend the Hansen floor amendment (SB292_L.006), page 1, line 6, after
"HIGHER" insert "OR AN ENERGY STORAGE SYSTEM AS DEFINED BY SECTION
40-2-202 WITH AN ENERGY RATING OF ONE MEGAWATT OF POWER CAPACITY OR
FOUR MEGAWATT HOURS OF USEABLE ENERGY CAPACITY OR HIGHER".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.