{"operation":"document","citation":"4 CCR 723-4 Rule 4211","title":"Labor Requirements","source_type":"regulation","agency":"Colorado Public Utilities Commission","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"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) B","machine_formats":{"json":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4211.json","markdown":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4211.md"},"app_url":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4211","source_url":"https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4","body":"This rule establishes procedures to identify and plan for the use of well-trained and fairly\ncompensated Colorado labor in the context of certificates of public convenience and\nnecessity filed pursuant to § 40-5-101, C.R.S., and in other proceedings as set forth by\napplicable Commission rules.\n(a) Best Value Employment (BVE) metrics are as follows.\n(I) Training programs. The ability of the project to provide training programs,\nincluding training through apprenticeship program registered with the U.S.\nDepartment of Labor’s Office of Apprenticeship or by State Apprenticeship\nAgencies recognized by that office for all apprenticeable trades required to\neffectively deliver the project to completion. Compliance may be\ndemonstrated by:\n(A) providing a list of apprenticeable trades for the project; and\n(B) providing documentation of registration of relevant apprenticeship\nprograms with the State Apprenticeship Agency; or\n(C) attesting to the entity’s ability to comply with the requirements of §\n24-92-115(7), C.R.S., regarding apprenticeships.\n(II) Colorado labor. The ability of the project to employ Colorado labor, as\ndefined by § 24-4-109(2)(b)(II),C.R.S., as compared to importation of out-\nof-state workers.\n\n(III) Underserved communities. The ability of the project to employ workers\nfrom traditionally underserved communities or disproportionately impacted\ncommunities, as defined by § 24-4-109(2)(b)(II), C.R.S. and by\nCommission rules.\n(IV) Domestic manufacturing. The ability of the project to support domestic\nmanufacturing through the utilization of Colorado and domestically\nproduced materials, including consideration of the potential for\ndomestically manufactured materials being unavailable in the\nmarketplace.\n(V) Long-term career opportunities. The ability of the project to support long-\nterm career opportunities.\n(VI) Wages. The ability of the project to provide industry-standard wages,\nhealth care, and pension benefits. Compliance may be demonstrated by:\n(A) attesting to the entity’s ability to comply with the requirements of\nPart 2 of Article 92, C.R.S., regarding prevailing wages; and further\nby\n(B) providing a list of those relevant trades, crafts, or occupations for\nwhich craft labor certification will be collected and submitted.\n(b) Energy Sector Public Works (ESPW) projects. All contracts for ESPW projects\nmade with or on behalf of the utility and relevant contractors or subcontractors\nmust include provisions expressly requiring that all work performed under the\ncontract:\n(I) complies with the requirements of § 24-92-115(7), C.R.S., regarding\napprenticeships; and\n(II) complies with Part 2 of Article 92, C.R.S., regarding prevailing wages.\n(c) A project that is an ESPW project may certify compliance with the material\ncontract terms pursuant to paragraph 4211(b) in lieu of submitting documentation\nfor certain BVE metrics as otherwise required by subparagraphs 4211(a)(I) and\n(VI).\n(d) Regardless of ownership, all resources and facilities to which rule 4211 applies\nmust provide the required information unless the bidder agrees to use a project\nlabor agreement limited to the scope of the project that meets the requirements\nof paragraph 4001(ss). If the project is also an ESPW project, the bidder shall\nalso state whether the project labor agreement will meet the requirements of\nparagraph (b).\n\n(e) Exemptions for ESPW projects. Regardless of ownership, all resources and\nfacilities to which paragraph 4211(b) applies must provide the required\ninformation unless they meet one of the following exemptions:\n(I) the work will be performed by employees of the utility;\n(II) the service agreement was entered into prior to March 1, 2023; or\n(III) the project complies with the applicable requirements of the Inflation\nReduction Act pursuant to § 24-92-304(1)(c)(III), C.R.S.","truncated":false,"body_characters":3828}