Colorado § 24-92-305 - Energy sector public works projects - record keeping - reporting - craft labor certification - sanctions - compliance with best value employment metrics.

§ 24-92-305. Energy sector public works projects - record keeping - reporting - craft labor certification - sanctions - compliance with best value employment metrics.

(1) The lead contractor for an energy sector public works project shall prepare certified payroll records for craft workers directly employed by the contractor, obtain certified payroll records from all contractors and subcontractors on the projects, and submit the records to the public utility or other owner of the energy sector public works project on a weekly basis. Each lead contractor and subcontractor shall certify, under the penalty of perjury, that the records provide complete and accurate information for all craft workers employed on the project.

(2) The lead contractor for an energy sector public works project shall prepare a craft labor certification on a quarterly basis for work that is being performed under affected projects.

(3) A craft labor certification must include the following:

(a) A sworn attestation, under the penalty of perjury, that the lead contractor is fully compliant with all employment, training, and wage requirements of section 24-92-115 (7) and part 2 of this article 92; and

(b) An identical, equivalent craft labor certification executed in the same manner by all subcontractors participating in the energy sector public works project.

(4) The public utility, cooperative electric association, independent power producer, or other owner of an energy sector public works project is responsible for maintenance of records for all craft labor certifications. The public utility, cooperative electric association, independent power producer, or other owner of an energy sector public works project shall either provide copies quarterly or require by contract that the lead contractor provide copies quarterly, to the department of labor and employment for review and oversight purposes.

(5) No later than January 1, 2029, and at least five years thereafter, the state auditor's office shall conduct an audit of the commission's approval of energy sector public works projects. The purpose of the audit is to establish oversight and accountability for compliance with section 40-2-129, and to determine whether a sample of projects that have been approved by the commission are fully compliant with all employment, training, wage, and apprenticeship requirements of section 24-92-115 (7) and part 2 of this article 92. The audit must consider information and records related to the craft labor certifications that are collected and maintained by the department of labor and employment. The department of labor and employment shall provide any information needed to perform the audit as requested by the state auditor's office.

(a) The audit process must select a sample of projects for review and ensure that the scope of the audit encompasses the broad types of energy sector public works projects.

(b) Upon release of the audit report by the legislative audit committee, the state auditor must make the results of the audit available to the public.

(c) After conducting two audits under this subsection (5), the state auditor may conduct additional audits in the state auditor's discretion.

(6) Violations of the requirements specified in this section, including wage and hour violations, violations of apprenticeship requirements, falsification of records, or willful non-compliance, are subject to the penalties and enforcement rights and remedies described in sections 24-92-115 (3), 24-92-209, 24-92-210, and 24-109-105.

(7) If an energy sector public works project uses federal funding that requires compliance with the federal "Davis-Bacon Act", 40 U.S.C. sec. 3141 et seq., or related statutes, the owner of the energy sector public works project shall:

(a) Notify the public utilities commission of their intent to use federal funding to fund, in whole or in part, the energy sector public works project; and

(b) Require the lead contractors and all other contractors and subcontractors working on the energy sector public works project to pay applicable federally stipulated wage and benefit rates and provide certified payroll reports to the public utilities commission in the same manner required by subsection (1) of this section.

Source: L. 2023: Entire part added, (SB 23-292), ch. 247, p. 1357, § 1, effective January 1, 2024.