7 CCR 1103-6-5 - Prevailing Wage Act: Coverage of Energy Projects

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)).

Notes

7 CCR 1103-6-5

40 CR 15, August 10, 2017, effective 9/1/2017 45 CR 23, December 10, 2022, effective 1/1/2023 46 CR 23, December 10, 2023, effective 1/1/2024