Section 24-92-303 - Definitions As used in this part 3, unless the context otherwise requires:
(1) "Construction" means the construction, alteration, or repair of an energy sector public works project, consistent with and including the same limitations as the definition of construction as established in section 45 (b)(7)(a) of the federal "Internal Revenue Code of 1986", as amended, and as described in all related official guidance from the federal internal revenue service and the United States department of labor implementing the applicable sections of the federal "Inflation Reduction Act".(2) "Cooperative electric association" has the same meaning as set forth in section 40-9.5-102 (1).(3) "Craft labor" means employees who are engaged in the construction of an energy sector public works project, including all trades, crafts, and occupations, and who are paid hourly.(4) "Craft labor certification" means all documentation and certification of payroll required for an energy sector public works project in accordance with the requirements of section 24-92-115 (7) and part 2 of this article 92.(5)(a) "Energy sector public works project" means any project in the state that: (I) Has the purpose of generating, transmitting, or distributing electricity or natural gas to provide energy to Colorado individual consumers and businesses, is built by or for a public utility, including any project for which energy is purchased through a power purchaser or similar agreement, and is funded in whole or in part by: (A) The state, through direct funding, loans, loan guarantees, land transfers, tax assistance, including tax credits, deductions, or incentives, or other assistance allocated or appropriated by the state; or(B) Utility customer funding as approved in any proceeding conducted by the public utilities commission as part of an electric resource acquisition or requests for certificates of convenience and necessity for construction or expansion of a project, including but not limited to pollution control or fuel conversion upgrades and conversion of existing coal-fired plants to natural gas plants; or(II) Has the purpose of generating or distributing electricity or natural gas for the purposes of providing energy to Colorado individual consumers and businesses from utility customer funding as approved by a cooperative electric association.(b) "Energy sector public works project" includes the following project types, so long as they satisfy the criteria in subsection (5)(a)(I) or (5)(a)(II) of this section: (I) Power generation with a nameplate generation capacity of one megawatt or higher, including generation sourced from wind, solar, geothermal, hydrogen, nuclear, or bioenergy, or any project that generates electricity from the combustion of oil, gas, or other fossil fuels or an energy storage system as defined by section 40-2-202 with an energy rating of one megawatt of power capacity or four megawatt hours of useable energy capacity or higher; and(II) Other projects with a total project cost of one million dollars or more that include: (B) Utility gas distribution;(C) Electric transmission projects;(D) Geothermal systems that are used to provide heat or heated water or that operate as thermal systems or thermal networks as defined in law;(E) Electric vehicle charging infrastructure installations;(F) Hydrogen-related infrastructure construction projects;(G) Any project that transports or stores carbon dioxide captured from power generation; and(H) Any other construction projects covered by this part 3.(6) "Federal prevailing wage and apprenticeship requirements" means the requirements under: (a) Sections 45 (b)(7) and (8) of title 26 of the United States Code, whether applicable directly or under a provision of the federal "Internal Revenue Code of 1986", as amended, that applies such sections of the United States Code; or(b) Sections 48 (a)(10) and (11) of title 26 of the United States Code, whether applicable directly or under a provision of the federal "Internal Revenue Code of 1986", as amended, that applies such sections of the United States Code.(7) "Federal "Inflation Reduction Act" means the federal "Inflation Reduction Act of 2022", United States Code, title 26, including but not limited to sections 30C, 45, 45B, 45L, 45Q, 45U, 45V, 45X, 45Y, 45Z, 48, 48C, 48E, and 179D, and associated implementing rules and guidance promulgated by the United States department of the treasury and the United States internal revenue service, as the statute and implementing rules and guidance may be amended from time to time.(8) "Lead contractor" means a general contractor, construction manager, developer, design builder, or other party that is primarily responsible to a public utility or independent power producer for performing construction under a contract for an energy sector public works project.(9) "Project labor agreement" means a prehire collective bargaining agreement between a lead contractor and construction labor organizations, including but not limited to the Colorado building and construction trades council and its affiliates or a group of labor unions covering the affected trades necessary to perform work on a project, that establishes the terms and conditions of employment of the construction workforce on an energy sector public works project. A project labor agreement must include provisions that: (a) Set forth effective, immediate, and mutually binding procedures for resolving jurisdictional labor disputes and grievances arising before the completion of work;(b) Contain guarantees against strikes, lockouts, or similar actions;(c) Ensure a reliable source of trained, skilled, and experienced construction craft labor;(d) Further public policy objectives regarding improved employment opportunities for minorities, women, or other economically disadvantaged populations in the construction industry, including persons from disproportionately impacted communities, to the extent permitted by state and federal law;(e) Permit the selection of the lowest qualified responsible bidder or lowest qualified responsible offeror without regard to union or non-union status at other construction sites;(f) Bind all contractors and subcontractors on the energy sector public works project to the project labor agreement through the inclusion of appropriate bid specifications in all relevant contract documents; and(g) Include other terms as the parties deem appropriate.(10) "Public utility" has the same meaning as set forth in section 40-1-103.Added by 2023 Ch. 247,§ 1, 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 1/1/2024.2023 Ch. 247, was passed without a safety clause. See Colo. Const. art. V, § 1(3).