2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 92 - CONSTRUCTION BIDDING FOR PUBLIC PROJECTS (§§ 24-92-101 — 24-92-307) › Part 1 - GENERAL PROVISIONS (§§ 24-92-101 — 24-92-118) › Section 24-92-115 - [Effective Until 8/7/2024] Apprenticeship utilization requirements - mechanical, electrical, and plumbing contracts - public projects - definition

(1)
(a)
Unless prohibited by applicable federal law, and except as otherwise provided in subsection (1)(b) of this section, the contract for any public works project that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to article
93
of this title 24, in the amount of one million dollars or more shall require the general contractor or other firm to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the agency of government that:
(I)
Identifies the contractors or subcontractors that will be used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project;
(II)
Certifies that all firms identified participate in apprenticeship programs registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and have a proven record of graduating apprentices as follows:
(A)
Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen percent of its apprentices for at least three of the past five years;
(B)
Beginning July 1, 2026, through June 30, 2031, a minimum of twenty percent of apprentices for at least three of the past five years; and
(C)
Beginning July 1, 2031, and each year thereafter, a minimum of thirty percent of apprentices for at least three of the past five years; and
(III)
Supplies supporting documentation from the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor verifying the information provided in the certification specified in subsection (1)(a)(II) of this section.
(b)
The provisions of this section do not apply to the department of transportation, regardless of the amount or funding source of the public project. The provisions of this section also do not apply to any county, city and county, city, municipality, town, school district, special district, or any other political subdivision of the state.
(c)
For the purposes of subsection (1)(a)(II) of this section, "graduating" means the completion of a multi-year program, including the requisite classroom course work and on-the-job training requirements and a certificate of completion issued by the United States department of labor's office of apprenticeship or awarded pursuant to article
15.7
of title
8
.
(2)
The documentation required pursuant to subsection (1) of this section shall be made publicly available by the contracting agency of government through its website within thirty days from when it is submitted.
(3)
To ensure compliance with the requirements of subsection (1) of this section, the general contractor or other firm to which the contract is awarded shall agree to provide additional documentation to the contracting agency regarding affected apprenticeship training programs relating to the requirements of this section. If a contracting agency of government determines that a mechanical, electrical, or plumbing subcontractor has willfully falsified documentation or willfully misrepresented their qualifications required to comply with this section in the contract, the agency of government shall direct the contractor to terminate the subcontractor contract immediately and the subcontractor will be immediately removed from the public project. At the discretion of the director of the department of personnel, the state may initiate the process to debar the contractor pursuant to section
24-109-105
, and may pursue any other remedy provided by law.
(4)
Upon evaluation of the submitted bids, the contracting agency of government may waive the requirements of this section for a public project if the agency of government determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract. Each agency of government that has contracts for public projects subject to the requirements of this section shall make public all waivers and the specific rationale for granting the waiver. The agency of government shall post notice of the waiver and a justification for the waiver on its website.
(5)
Nothing in this section shall be construed to supersede the requirements for licensed plumbers, licensed electricians, or apprentices registered with the state pursuant to title 12, including sections
12-115-109
, 12-113-115,
12-155-108
, and
12-155-124
.
(6)
(a)
To promote and facilitate the development of new apprenticeship programs, an apprenticeship program that does not satisfy the requirements of subsection (1)(a) of this section may petition the department of labor and employment for conditional approval for the purposes of this section. To be allowed conditional approval, an apprenticeship program must demonstrate the following:
(I)
The program has been registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and has been providing training for at least six months; and
(II)
The program is performing bona fide apprenticeship training as evidenced by information showing that it has the requisite facilities, personnel, and other resources needed to provide such training; and
(b)
(I)
If conditional approval is granted, the program will remain eligible for future covered projects, subject to annual reviews by the department of labor and employment for five years after conditional approval is granted or until it can satisfy the requirements of subsection (1)(a) of this section and can show a three-year graduation track record.
(II)
To maintain conditional approval pursuant to this subsection (6), the apprenticeship program must demonstrate to the department of labor and employment that it has registered new apprentices into its program for every year it has been in operation and that it has advanced, at a minimum, ten percent of its apprentices in each year of operation. The department shall rescind a conditional approval for any program that fails to maintain these standards.
(7)
(a)
For an energy sector public works project, as defined in section 24-92-303 (5), the general contractor or other firm to which the contract is awarded shall:
(I)
Identify, at the time they are put under contract, all contractors or subcontractors required for the project, other than those used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, plumbing work, and construction craft labor; and
(II)
Certify that all contractors or subcontractors identified participate in apprenticeship training programs registered with the United States department of labor's employment and training administration or state apprenticeship agencies recognized by the United States department of labor's employment and training administration and have a proven record of graduating apprentices for at least three of the past five years.
(b)
Subsections (1)(a) to (1)(c) of this section apply to mechanical, electrical, and plumbing contractors and subcontractors subject to this subsection (7).
(c)
Contractors and subcontractors that are subject to the requirements of this subsection (7) and that provide construction craft labor must certify that all firms identified participate in apprenticeship training programs that are registered with the United States department of labor's employment and training administration or a state apprenticeship agency recognized by the United States department of labor's employment and training administration and that:
(I)
Satisfy to the graduation requirements of subsections (1)(a)(II)(A) to (1)(a)(II)(C) of this section at the time the contract or subcontract was executed; and
(II)
Provide documentation required in subsection (1)(a)(III) of this section.
(d)
Upon evaluation of the submitted bids, a public utility, independent power producer, or cooperative electric association may waive the requirements of this section if it determines that there is substantial evidence that there are no responsive eligible contractors or subcontractors for any trades available to fulfill the apprenticeship requirements for one or more of the trades subject to this section. Any party exercising a waiver pursuant to this subsection (7)(d) shall disclose the waiver on a publicly accessible website, including the contractor or subcontractor to which the waiver applies and the specific rationale for the waiver.
(e)
In the event of an extreme weather event, a wildfire, or an emergency declared by the state of Colorado or the federal government, a public utility or cooperative electric association may waive the requirements of this subsection (7) when performing repair work to restore electric service to customers or association members when it can reasonably demonstrate that:
(I)
The capacity needed to restore power exceeds the public utility's or Cooperative electric association's available capacity for emergency repairs through its employees, standby contractor capacity, or applicable mutual aid agreements; and
(II)
A good faith effort to identify contractors and subcontractors that can comply with this subsection (7) was made and no eligible contractors or subcontractors were available for the time frame for which the emergency capacity was needed.
Amended by 2023 Ch. 247,§ 3, eff. 1/1/2024, app. only to any energy sector public works project for which a public utility or cooperative electric association invitation for bids or proposals is issued on or after 1/1/2024.
Amended by 2023 Ch. 37, § 28, eff. 3/23/2023.
Amended by 2022 Ch. 421, § 102, eff. 8/10/2022.
Amended by 2021 Ch. 309, § 9, eff. 7/1/2021.
Added by 2019 Ch. 316, § 1, eff. 8/2/2019 and applicable to solicitations issued on or after 7/1/2021, except that for institutions of higher education and the Auraria higher education center created in article 70 of title 23, Colorado Revised Statutes, applicable to public projects approved by their governing boards on or after 7/1/2021.
L. 2019: Entire section added, (SB 19-196), ch. 2946, p. 2946, § 1, effective August 2.
Section 4(2) of chapter 316 (SB 19-196), Session Laws of Colorado 2019, provides that the act adding this section applies to solicitations issued on or after July 1, 2021; except that, for institutions of higher education and the Auraria higher education center created in article
70
of title
23
, the act applies to public projects approved by their governing boards on or after July 1, 2021.
2023 Ch. 247, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.