Current through Register Vol. 47, No. 5, March 10, 2024
5.1 Contracts
between lead contractors and the owners of an energy sector public works
project, as defined in C.R.S. §
24-92-303(5),
must include provisions expressly requiring that all work performed under the
contract comply with the apprenticeship requirements of C.R.S. §
24-92-115(7) and
prevailing wage requirements in C.R.S. §
24-92-201 et seq. if:
(A) the energy sector public works project
(1) is either (a) a power generation project with a nameplate generation
capacity of one megawatt or higher, or (b) an energy storage system as defined
by C.R.S. §
40-2-202 with an energy rating of
one megawatt of power capacity or four megawatt hours of useable energy
capacity or higher, and (2) has aggregated public assistance from the state of
five hundred thousand dollars or more (C.R.S. §
24-92-304(1)(b)(I));
or
(B) the energy sector public
works project (1) is included under C.R.S. §
24-92-303(5)(b)(II), (2)
has a total project cost of one million
dollars or more, and (3) has aggregated public assistance from the state,
funding from a public utility, or funding from a cooperative electric
association of five hundred thousand dollars or more (C.R.S. §
24-92-304(1)(b)(II)).
5.2 Owners of energy sector public works
projects must either (A) provide quarterly copies of "craft labor
certifications" to the Division, or (B) require by contract that lead
contractors do so. C.R.S. §
24-92-305(4).
This Rule does not apply to an energy sector public works project where all
construction work is covered by a "project labor agreement" as defined in
C.R.S. §
24-92-303(9).
C.R.S. §
24-92-306(2).
5.2.1 Craft labor certifications are "all
documentation and certification of payroll required for an energy sector public
works project in accordance with the requirements of section[s] 24-92-115(7)"
and 24-92-201 et seq. C.R.S. §
24-92-303(4).
5.2.2 Craft labor certifications must include
(A) a sworn attestation that the lead contractor is fully compliant with these
requirements, and (B) identical, equivalent craft labor certifications for all
subcontractors participating in the energy sector public works project, C.R.S.
§
24-92-305(3), and
are additionally required as reports to the Division pursuant to C.R.S.
§§
8-1-114,
8-1-117.
5.2.3 Craft labor certifications should be
submitted to the Division quarterly, by the end of the month following the
close of each calendar quarter (January-March, etc.), pursuant to instructions
posted at
www.coloradolaborlaw.gov.
5.3 Any thermal energy network
project or thermal energy system project that an agency of government or a
state institution of higher education procures, and that is a public project,
must comply with:
(A) the prevailing wage
requirements of C.R.S. §
24-92-201 et seq. if the estimated
contract cost of the project is five hundred thousand dollars or more (C.R.S.
§
40-3.2-105.7(1)(b));
and
(B) the apprenticeship
requirements of C.R.S. §
24-92-115 if the estimated
contract cost of the project is one million dollars or more (C.R.S. §
40-3.2-105.7(1)(a)).
