§ 24-92-208 — Apprenticeship contribution rate

Colorado § 24-92-208

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Construction Bidding for Public Projects

Text

(1) (a) The director shall
establish a separate apprenticeship contribution rate under the prevailing wage and
fringe benefit requirements of this part 2.

(b) The contracting agency of government shall specify in the competitive
solicitation for a public project in the amount of five hundred thousand dollars or
more and in the contract for such public project the apprenticeship contribution
rate and fringe benefit requirements of this part 2.

(c) The director shall update the applicable apprenticeship contribution rate
as determined pursuant to subsection (1)(a) of the section on or before July 1, 2022,
and on or before July 1 each year thereafter.

(d) The applicable apprenticeship contribution rate specified in the
competitive solicitation and in the contract for a public project pursuant to this
subsection (1) shall remain the same for the duration of the work on the public
project.

(2) The amount of the apprenticeship contribution will be set in accordance
with the apprenticeship contribution of the collective bargaining agreement of the
applicable trade in the geographic locality of the public project. Contractors shall
achieve compliance with this requirement by one of the following options:

(a) Contractors signatory to the applicable collective bargaining agreement
shall be required to pay no more than the apprenticeship contribution rate of the
agreement;

(b) Contractors that are not signatory to a collective bargaining agreement
but that are members of a multi-employer trade association that sponsors an
apprenticeship program registered with the United States department of labor's
office of apprenticeship or a state apprenticeship agency recognized by the United
States department of labor, or that directly sponsor such a program for their own
employees, shall pay the determined apprenticeship contribution to that program or
to a state apprenticeship agency recognized by the United States department of
labor; or

(c) Except as otherwise provided in subsection (5) of this section, contractors
that do not qualify for either option specified in subsection (2)(a) or (2)(b) of this
section shall be required to pay the amount of the apprenticeship contribution to
affected workers in cash payments in addition to the other components of the
prevailing wage and fringe benefit package required pursuant to this part 2.

(3) The apprenticeship contribution rate shall be deducted from the
prevailing wage rate package to avoid double payment by the contractor or
subcontractor.

(4) To the extent feasible, the department of personnel shall publish an
annual report detailing the amount of apprenticeship training contribution paid
pursuant to subsections (2)(a), (2)(b), and (2)(c) of this section from information
reported by the contracting agencies of government. An annual report issued by
the department of personnel pursuant to this subsection (4) is only required to
include solicitations issued for public projects on or after January 1, 2022.

(5) If the data tracked by the department of personnel demonstrates that
portions of the apprentice contributions required pursuant to subsection (2) of this
section are paid under the requirements of subsection (2)(c) of this section at a
higher rate than under the requirements of subsection (2)(a) or (2)(b) of this section,
the department may promulgate rules for alternatives to the requirements
subsection (2)(c) of this section.

Legislative History

Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2953, � 2, effective August 2. L. 2021: (4) amended, (HB 21-1319), ch. 305, p. 1831, � 3, effective June 23; (2)(b) amended, (HB 21-1007), ch. 309, p. 1892, � 11, effective July 1. L. 2023: (2)(b) amended, (SB 23-051), ch. 37, p. 148, � 29, effective March 23.