In 2019, the general assembly adopted an apprenticeship utilization law (apprenticeship utilization law) that requires the general contractor for a public project that does not receive federal money, and that is in the amount of $1,000,000 or more, to submit, at the time a mechanical, electrical, or plumbing subcontractor is put under contract, certain documentation regarding the contractors that will do the work to the contracting agency. At the same time, the general assembly also adopted a prevailing wage law (prevailing wage law) that requires any contractor who is awarded a contract for a public project by an agency of government for $500,000 or more and that does not include federal money, and any subcontractors working on the public project, to pay their employees a prevailing wage at weekly intervals. The act creates a new category of public projects defined as "energy sector public works projects", and requires these projects to comply with the requirements of the apprenticeship utilization law and the prevailing wage law. An "energy sector public works project" is any project that: 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, and is funded in whole or in part by the state or utility customer funding; or Has the purpose of generating or distributing electricity or natural gas for the purpose of providing energy to Colorado individual consumers and businesses from utility customer funding as approved by a cooperative electric association. With certain exceptions, the act requires that a contract between public utilities, cooperative electric associations, or independent power producers and lead contractors for an energy sector public works project include provisions that expressly require that all work performed under the contract comply with the apprenticeship utilization law and the state prevailing wage law if the project is an electric power generation project with a nameplate generation capacity of one megawatt or higher or if the project is a project other than an electric power generation project with a total cost of one million dollars or more. All contracts with subcontractors on the project are also required to include such provisions. If the contract for an energy sector public works project does not include such provisions, the project will not be eligible to receive state funding or to receive required authorizations or approvals from the public utilities commission (PUC). For projects funded in whole or in part by the state, the requirements to comply with the apprenticeship utilization law and the prevailing wage law apply only when the project is a power generation project with a nameplate generation capacity of one megawatt or higher or an energy storage system with an energy rating of one megawatt of power capacity or 4 megawatt hours of useable energy capacity or higher and the aggregated public assistance from the state is $500,000 or more. For other projects, the apprenticeship utilization law and the prevailing wage law apply only when the total project cost is one million dollars or more and the aggregated public assistance from the state, funding from a public utility, or funding from a cooperative electric association is $500,000 or more. The requirements to comply with the apprenticeship utilization law and the prevailing wage law do not apply to a project that is covered by a project labor agreement, work on an energy sector public works project performed by employees of a utility company, work on an energy sector public works project put out to bid on or after January 1, 2024, that is qualified for and claims the increased federal production tax credit or investment tax credit amount by having satisfied federal "Inflation Reduction Act" requirements, a utility-incentivized demand-side management or electrification program, a utility or state-funded building energy efficiency program, service agreements that were entered into on or before March 1, 2023, projects that involve an electric distribution line with a specified capacity, and projects that involve pipelines with a specified minimum yield strength. The lead contractor for an energy sector public works project is required to prepare certified payroll records for workers directly employed by the contractor, obtain certified payroll records from all contractors and subcontractors on the project, and submit the records to the public utility or other owner of the energy sector public works project weekly. The lead contractor is also required to prepare a quarterly craft labor certification that attests that the lead contractor and all subcontractors are compliant with the apprenticeship utilization law and the prevailing wage law. The public utility, cooperative electric association, independent power producer, or other owner of an energy sector public works project is required to maintain the records for all craft labor certifications and is required to either provide copies quarterly to the department of labor and employment or require the lead contractor to provide such copies. The state auditor's office is required to conduct an audit of the PUC's approval of energy sector public works projects no later than January 1, 2029, and at least 5 years thereafter. The purpose of the audit is to establish oversight and accountability for compliance with the "best value" employment metrics for electric resources acquisition and the employment, training, wage, and apprenticeship requirements specified in the act. Violations of the requirements for energy sector public works project contracts are subject to the penalties described in the apprenticeship utilization law and the prevailing wage law. In lieu of compliance with the apprenticeship utilization law and the prevailing wage law, a public utility, cooperative electric association, or independent power producer may incorporate a project labor agreement requirement for an energy sector public works project. The PUC is prohibited from denying approval of an energy sector public works project solely because it uses a project labor agreement. The act specifies which provisions of the apprenticeship utilization law for public projects apply to energy sector public works projects. Regarding "best value" employment metrics that the PUC is required to consider when it evaluates electric resource acquisitions and requests for certificates of public convenience and necessity for construction or expansion of generating facilities, the act requires the PUC to promulgate rules requiring utilities, when submitting annual progress reports for an electric resource acquisition, to collect and provide to the PUC information concerning the implementation of "best value" employment metrics and requires the PUC to report annually to committees of reference of the general assembly concerning the information that is reported. The act adds enforcement mechanisms for the existing mechanical, electrical, and plumbing apprenticeship utilization requirements for gas demand-side management projects and beneficial electrification projects. In addition, the act requires that projects undertaken pursuant to specified existing state laws comply with the state mechanical, electrical, and plumbing apprenticeship utilization law and the state prevailing wage law. For the 2023-24 state fiscal year, the act appropriates $108,401 from the general fund to the department of labor and employment for use by the division of labor standards and statistics to implement the act. APPROVED by Governor May 23, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
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Existing law allows money expended from the "Infrastructure Investment and Jobs Act" (IIJA) cash fund (cash fund) to be used as matching nonfederal money for infrastructure projects pursuant to requirements of the IIJA as well as for grant writing support, project planning support, and administrative needs. The act clarifies that, with respect to the project planning support for which money from the fund is already authorized to be expended, the Governor's office (office) may specifically expend money from the fund for project planning support for federal funding opportunities in connection with the IIJA and related federal funding opportunities including funding opportunities from the "Inflation Reduction Act". The act requires the state treasurer to transfer $84 million from the general fund to the cash fund on July 1, 2023. Additionally, the act changes the annual reporting requirement of the office to a quarterly reporting requirement beginning on July 1, 2023. The act also requires the state treasurer to transfer $5 million from the general fund to the state highway fund on July 1, 2023, for use by the department of transportation to develop comprehensive operational capacity to maximize utilization and implementation of federal infrastructure funding. The board of trustees of the Colorado school of mines (board of trustees) has been authorized to lease real or personal property, or both, to state or federal governmental agencies, among other entities, for terms not to exceed 80 years. The act expands this authorization to allow the board of trustees to lease such property for terms not to exceed 99 years. The act appropriates $84,000,000 for state fiscal year 2023-24 from the "Infrastructure Investment and Jobs Act" cash fund to the office and principal departments of the executive branch of state government. Any portion of the appropriation that is not spent during state fiscal year 2023-24 is further appropriated through state fiscal year 2026-27. APPROVED by Governor May 22, 2023 EFFECTIVE May 22, 2023 (Note: This summary applies to this bill as enacted.)
The public-private collaboration unit (unit) in the department of personnel (department) promotes the use of public-private partnerships between state public entities such as departments, agencies, or subdivisions of the executive branch of state government, and private partners as a tool for time and cost-efficient completion of public projects. The act requires that the unit give preference to proposed or executed public-private partnership agreements that will use state-owned real property for mixed-income development and affordable housing that is proportional to a community's demonstrated affordable housing needs and authorizes the unit to undertake additional functions in connection with public projects that provide affordable housing including: Accepting gifts, grants, and donations, which if monetary, are to be credited to the unused state-owned real property fund (fund); Utilizing proceeds from real estate transactions and revenue from public-private agreements; Acting as an agent on behalf of the department in real estate transactions using real property that upon approval by the governor has been deeded to the department by a state public entity, including for the purchase, transfer, exchange, sale and disposition, and lease of real property; and Establishing a process for using requests for information to solicit public projects. The act also allows the department and the unit to use money from the fund to facilitate these additional functions by the unit in connection with public projects that provide affordable housing and for the standard operating expenses of the unit. The state treasurer is required to transfer $5,000,000 from the general fund to the fund on July 1, 2023. For the 2023-24 state fiscal year, the act appropriates $47,583 to the department of law from the legal services cash fund from revenue received from the department of personnel that is continuously appropriated to the department of personnel from the unused state-owned real property fund. The department of law may use the appropriation to provide legal services for the department of personnel. APPROVED by Governor May 20, 2023 EFFECTIVE May 20, 2023 (Note: This summary applies to this bill as enacted.)
The act extends the advanced industry export acceleration program, which was scheduled to end on January 1, 2025, and the advanced industries acceleration grant program, which was scheduled to end on July 1, 2024, by 10 years. Through March 1, 2023, the state treasurer annually credited to the advanced industries acceleration cash fund an amount equal to one-half of the bioscience and clean technology income tax withholding growth. The act extends this funding mechanism by 2 years. Additionally, the advanced industry export acceleration program allows a qualifying business that meets certain eligibility criteria to receive an international export development expense reimbursement. The act removes the eligibility criterion that requires a qualifying business to show a profit during the last fiscal year. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
For the career development success program (program), the act removes the requirement for successful completion of a qualified industry pre-apprenticeship program and the requirement for successful completion of a qualified industry apprenticeship. The act adds boards of cooperative services to the program. Current law requires the general assembly to annually appropriate $1 million to the department of education for the program. Beginning in the 2023-24 budget year, and each budget year thereafter, the act increase the appropriation to $9.5 million. The act requires a school district or charter school participating in the program to receive 120% of the per-pupil amount for each pupil who is eligible for free or reduced-price lunch and who successfully earned an industry certificate by completing a qualified industry-credential program, a qualified workplace training program, or a qualified advanced placement course. The act authorizes a participating school district or participating charter school to contract with a third party to provide specified services under the program. The act extends the repeal date from September 1, 2024, to September 1, 2034. APPROVED by Governor May 16, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
During the 2021 legislative session, the general assembly transferred $10 million from the general fund to the public school capital construction assistance fund (fund) and appropriated this money for air quality improvement grants for schools. Of the money transferred and appropriated for air quality improvement grants, $4,705,220 remains in the fund and has not been distributed. The appropriation for fiscal year 2021-22 has expired. The act specifies that the unspent money transferred and appropriated for air quality improvement grants must not be used for air quality improvement grants and instead must be used for financial assistance as provided in the "Building Excellent Schools Today Act". During the 2022 legislative session, the general assembly scheduled a transfer of $30 million from the marijuana tax cash fund to the fund for June 1, 2023. The act repeals this scheduled transfer before it occurs. For state fiscal year 2023-24, the act requires the public school capital construction assistance board (board) to allocate $49,705,220 from public school capital construction assistance board cash grants to be used for supplemental grants at schools experiencing capital construction project cost overruns as a result of COVID-19 inflationary pressure. The act changes the financial capacity factors for evaluating the match requirement for public school capital construction projects for school districts and boards of cooperative services. The new factors apply to grants awarded on or after September 1, 2023, and funded on or after July 1, 2024. The act transfers $15 million from the state education fund to the fund on June 1, 2023. $10 million in royalties and other payments for depletion or extraction of natural resources on state lands is credited to the fund for the 2022-23 state fiscal year. The act provides for a reduction of $294,780 in cash funds appropriated from the fund to the department of education for board cash grants in the 2023 long bill. APPROVED by Governor May 12, 2023 EFFECTIVE May 12, 2023 (Note: This summary applies to this bill as enacted.)
Under current law, it is illegal for someone to possess a firearm if the person was convicted of or adjudicated for certain felonies. The bill adds aggravated motor vehicle theft to the convictions that prohibit a person from possessing a firearm. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Pension Review Commission. The bill creates an income tax credit that is available for income tax years commencing on or after January 1, 2023, but prior to January 1, 2025, for a qualifying public service retiree, which means a full-time Colorado resident individual who is: 55 years of age or older at the end of the 2023 or 2024 income tax year; and A retiree of a Colorado public pension plan administered pursuant to the Colorado Revised Statutes or a retiree of a public pension plan administered by a local government of the state of Colorado.(Note: This summary applies to this bill as introduced.)
Section 1 of the bill creates a new refundable income tax credit for income tax years commencing on and after January 1, 2024, but before January 1, 2033, for the purchase or lease of electric-powered aviation ground support equipment that is purchased or leased to replace similar models of gas-powered or diesel-powered aviation ground support equipment in the amount of 18% of the actual cost to purchase the equipment that may be claimed by a qualifying taxpayer; except that the total amount of credits available to be claimed is $250,000 in each tax year and is available on a first come, first served basis. A qualifying taxpayer is an aviation business, an airport, or a fixed base operator. Only one tax credit may be claimed per individual piece of equipment. Section 2 creates a new refundable income tax credit for income tax years commencing on and after January 1, 2024, but before January 1, 2033, for an investment made by a qualified investor in a qualified business that researches, develops, or produces alternative aviation fuels or alternative aircraft powerplants in the amount of 30% of the investment; except that the total amount of credits available to be claimed is capped for each tax year for which the credit is allowed and is available on a first come, first served basis. The investment must be used by the qualified business in furtherance of research, development, or production of alternative aviation fuels or alternative aircraft powerplants. The executive director of the department of revenue is authorized to promulgate rules to implement the tax credit, including precertification of a business as a qualified business eligible to receive a qualified investment.(Note: This summary applies to this bill as introduced.)