Labor Requirements

This rule establishes procedures to identify and plan for the use of well-trained and fairly compensated Colorado labor in the context of certificates of public convenience and necessity filed pursuant to § 40-5-101, C.R.S., and in other proceedings as set forth by applicable Commission rules.#

(a)Best Value Employment (BVE) metrics are as follows.#

(I)Training programs. The ability of the project to provide training programs, including training through apprenticeship program registered with the U.S. Department of Labor's Office of Apprenticeship or by State Apprenticeship Agencies recognized by that office for all apprenticeable trades required to effectively deliver the project to completion. Compliance may be demonstrated by:#

(A)providing a list of apprenticeable trades for the project; and#

(B)providing documentation of registration of relevant apprenticeship programs with the State Apprenticeship Agency; or#

(C)attesting to the entity's ability to comply with the requirements of § 24-92-115(7), C.R.S., regarding apprenticeships.#

(II)Colorado labor. The ability of the project to employ Colorado labor, as defined by § 24-4-109(2)(b)(II),C.R.S., as compared to importation of out- of-state workers.#

(III)Underserved communities. The ability of the project to employ workers from traditionally underserved communities or disproportionately impacted communities, as defined by § 24-4-109(2)(b)(II), C.R.S. and by Commission rules.#

(IV)Domestic manufacturing. The ability of the project to support domestic manufacturing through the utilization of Colorado and domestically produced materials, including consideration of the potential for domestically manufactured materials being unavailable in the marketplace.#

(V)Long-term career opportunities. The ability of the project to support long- term career opportunities.#

(VI)Wages. The ability of the project to provide industry-standard wages, health care, and pension benefits. Compliance may be demonstrated by:#

(A)attesting to the entity's ability to comply with the requirements of Part 2 of Article 92, C.R.S., regarding prevailing wages; and further by#

(B)providing a list of those relevant trades, crafts, or occupations for which craft labor certification will be collected and submitted.#

(b)Energy Sector Public Works (ESPW) projects. All contracts for ESPW projects made with or on behalf of the utility and relevant contractors or subcontractors must include provisions expressly requiring that all work performed under the contract:#

(I)complies with the requirements of § 24-92-115(7), C.R.S., regarding apprenticeships; and#

(II)complies with Part 2 of Article 92, C.R.S., regarding prevailing wages.#

(c)A project that is an ESPW project may certify compliance with the material contract terms pursuant to paragraph 4211(b) in lieu of submitting documentation for certain BVE metrics as otherwise required by subparagraphs 4211(a)(I) and#

(VI).#

(d)Regardless of ownership, all resources and facilities to which rule 4211 applies must provide the required information unless the bidder agrees to use a project labor agreement limited to the scope of the project that meets the requirements of paragraph 4001(ss). If the project is also an ESPW project, the bidder shall also state whether the project labor agreement will meet the requirements of paragraph (b).#

(e)Exemptions for ESPW projects. Regardless of ownership, all resources and facilities to which paragraph 4211(b) applies must provide the required information unless they meet one of the following exemptions:#

(I)the work will be performed by employees of the utility;#

(II)the service agreement was entered into prior to March 1, 2023; or#

(III)the project complies with the applicable requirements of the Inflation Reduction Act pursuant to § 24-92-304(1)(c)(III), C.R.S.#