CO Code § 40-3.2-105.5 (2021)
2021 Colorado Code|Title 40 - Utilities|Article 3.2 - Air Quality Improvement Costs|Part 1 - General Provisions|§ 40-3.2-105.5. Labor Standards for Gas Dsm Projects

  This section applies to all necessary plumbing, mechanical, and electrical work performed in connection with a project undertaken pursuant to a gas DSM program under this article 3.2 and for which a customer of an investor-owned utility applies for a rebate directly from the utility.    When practicable, the utility may assign its own employees to perform the work, subject to state licensing requirements and all applicable state and local rules, codes, and standards.      The utility shall make use of a list, referred to in this section as the “certified contractor list”, containing the names and contact information of:   Qualified contractors that participate in apprenticeship programs that:   Are registered with the United States department of labor's employment and training administration or with a state apprenticeship council recognized by the United States department of labor; and    Have been providing training for at least six months; and       Qualified mechanical, electrical, and plumbing contractors that participate in apprenticeship programs meeting the standards specified in section 24-92-115 (1)(a)(II).       The Colorado department of labor and employment shall oversee the compilation of the certified contractor list through one of the following methods:   Directing the state apprenticeship council, if available, to assemble the information; or    Establish an application process whereby contractors would apply for inclusion in the list and provide evidence, in a form satisfactory to the department, that each applicant meets the criteria set forth in subsection (3)(a) of this section.       The utility shall publish the certified contractor list on its website and include or reference the list in all of the utility's relevant marketing material for gas DSM programs.    In addition to the certified contractor list, each investor-owned gas utility shall require its residential customers to use licensed plumbing and electrical contractors that perform the type of work appropriate to residential gas DSM installations for participation in gas DSM programs where a rebate is paid directly to the customer after the installation is complete and the customer uses a contractor.       The following requirements apply to gas DSM projects in new or existing buildings:   For plumbing, mechanical, or electrical projects undertaken by a commercial or industrial customer in a building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the customer as part of a gas DSM program, the utility shall condition payment of the rebate on the customer's exclusive use of contractors from the certified contractor list unless the work is done by employees of the utility.      For plumbing, mechanical, or electrical projects that involve energy efficiency improvements to central building systems in a multifamily building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of a gas DSM program, the utility shall condition payment of the rebate on the building owner's exclusive use of contractors that participate in apprenticeship programs registered with the United States department of labor's employment and training administration or with a state apprenticeship council recognized by the United States department of labor for any necessary plumbing or electrical work. If the contractor chosen by the customer is not on the certified contractor list, the utility shall require another method of verifying compliance with this subsection (4)(b). (b) (I) For plumbing, mechanical, or electrical projects that involve energy efficiency improvements to central building systems in a multifamily building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of a gas DSM program, the utility shall condition payment of the rebate on the building owner's exclusive use of contractors that participate in apprenticeship programs registered with the United States department of labor's employment and training administration or with a state apprenticeship council recognized by the United States department of labor for any necessary plumbing or electrical work. If the contractor chosen by the customer is not on the certified contractor list, the utility shall require another method of verifying compliance with this subsection (4)(b).    This subsection (4)(b) does not apply to a gas DSM 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.           History. Source: L. 2021: Entire section added,(HB 21-1238), ch. 330, p. 2135, § 5, effective September 7.    Editor's note:   Section 8 of chapter 330 (HB 21-1238), Session Laws of Colorado 2021, provides that the act adding this section applies to plans, applications, or other documents reviewed by the public utilities commission on or after September 7, 2021.   Cross references:   For the legislative declaration in HB 21-1238, see section 1 of chapter 330, Session Laws of Colorado 2021.