Section 40-2-129 - New resource acquisitions - factors in determination - local employment - "best value" employment metrics - performance audit(1)(a)(I) When evaluating electric resource acquisitions and requests for a certificate of convenience and necessity for construction or expansion of generating facilities, including but not limited to pollution control or fuel conversion upgrades and conversion of existing coal-fired plants to natural gas plants, the commission shall consider, in all decisions involved in electric resource acquisition processes, best value regarding employment of Colorado labor, as defined in section 8-17-101(2)(a), and positive impacts on the long-term economic viability of Colorado communities. To this end, the commission shall require utilities to obtain and provide to the commission the following information regarding "best value" employment metrics:(A) The availability of training programs, including training through apprenticeship programs registered with the United States 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;(B) Employment of Colorado labor as compared to importation of out-of-state workers;(C) The ability of the project to employ workers from traditionally underserved communities or disproportionately impacted communities as defined in section 24-4-109 (2)(b)(II);(D) How the project supports 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;(E) Long-term career opportunities; and(F) Industry-standard wages, health care, and pension benefits.(II) When a utility proposes to construct new facilities of its own, the utility shall supply similar information to the commission.(b) Any electric resource acquisition decision must be based in part on review of the "best value" employment metrics criteria set forth in any solicitation document. The commission shall not approve any electric resource plan, acquisition, or power purchase agreement that fails to either:(I) Provide the "best value" employment metrics documentation specified in the solicitation document; or(II) In the alternative, certify compliance with objective "best value" employment metrics performance standards set forth in the solicitation document.(c) The commission may waive the requirements of this section if a utility agrees to use a project labor agreement for construction or expansion of a generating facility.(2) Following development or acquisition of a generating facility by a utility, for all generating facilities owned by the utility that do not emit carbon dioxide, the utility shall use utility employees or qualified contractors if the contractors' employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or by a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to: (a) The design, planning, or engineering of the infrastructure;(b) Management functions to operate the infrastructure; or(c) Any work included in a warranty.(3) The provisions of this section regarding "best value" employment metrics do not apply to projects involving retail distributed generation, as defined in section 40-2-124(1)(a)(VIII), 40-2-127(2)(b)(I)(B), or 40-2-127.5(2)(a)(II).(4) [Repealed by 2023 amendment.] (5) The commission shall promulgate rules requiring utilities, when submitting annual progress reports for an electric resource acquisition, to collect and provide to the commission information concerning the implementation of "best value" employment metrics, as described in subsection (1)(a) of this section, which metrics were approved by the commission during the acquisition planning process and which acquisitions are under construction by either the utility or by others.(6)(a) On or before December 31, 2024, and on or before December 31 of each year thereafter, the commission shall submit a report to the energy and environment committee of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The report must summarize the information concerning "best value" employment metrics that is reported to the commission by utilities pursuant to subsections (1)(a) and (5) of this section and indicate the manner in which the commission considered the information.(b) Notwithstanding the limitation described in section 24-1-136 (11)(a)(I), the reporting requirement described in subsection (6)(a) of this section continues in perpetuity.Amended by 2023 Ch. 247,§ 6, 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, § 35, eff. 3/23/2023.Amended by 2022 Ch. 335, § 15, eff. 8/10/2022.Amended by 2021 Ch. 411, § 22, eff. 7/2/2021.Amended by 2020 Ch. 216, § 71, eff. 6/30/2020.Amended by 2019 Ch. 359, § 7, eff. 5/30/2019.Amended by 2013 Ch. 266, § 16, eff. 5/24/2013.L. 2010: Entire section added, (HB 10 -1001), ch. 150, p. 150, § 4, effective August 11. L. 2013: Entire section amended, (HB 13-1292), ch. 1406, p. 1406, § 16, effective May 24. L. 2019: Entire section amended, (SB 19-236), ch. 3300, p. 3300, § 7, effective May 30. L. 2020: (1)(a) and IP(2) amended, (HB 20-1402), ch. 1058, p. 1058, § 71, effective June 30. L. 2021: (4) added, (HB 21-1266), ch. 2751, p. 2751, § 22, effective July 2.Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after July 2, 2021.
2023 Ch. 247, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2022 Ch. 335, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For the short title ("Keep Jobs In Colorado Act of 2013") in HB 13-1292, see section 1 of chapter 266, Session Laws of Colorado 2013. (2) For the short title ("Environmental Justice Act") and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.