As used in this part 3, unless the context otherwise
requires:
(1) Construction means the construction, alteration, or repair of an energy
sector public works project, consistent with and including the same limitations as
the definition of construction as established in section 45 (b)(7)(a) of the federal
Internal Revenue Code of 1986, as amended, and as described in all related
official guidance from the federal internal revenue service and the United States
department of labor implementing the applicable sections of the federal Inflation
Reduction Act.
(2) Cooperative electric association has the same meaning as set forth in
section 40-9.5-102 (1).
(3) Craft labor means employees who are engaged in the construction of
an energy sector public works project, including all trades, crafts, and occupations,
and who are paid hourly.
(4) Craft labor certification means all documentation and certification of
payroll required for an energy sector public works project in accordance with the
requirements of section 24-92-115 (7) and part 2 of this article 92.
(5) (a) Energy sector public works project means any project in the state
that:
(I) 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, including any project for which energy is purchased
through a power purchaser or similar agreement, and is funded in whole or in part
by:
(A) The state, through direct funding, loans, loan guarantees, land transfers,
tax assistance, including tax credits, deductions, or incentives, or other assistance
allocated or appropriated by the state; or
(B) Utility customer funding as approved in any proceeding conducted by the
public utilities commission as part of an electric resource acquisition or requests for
certificates of convenience and necessity for construction or expansion of a project,
including but not limited to pollution control or fuel conversion upgrades and
conversion of existing coal-fired plants to natural gas plants; or
(II) Has the purpose of generating or distributing electricity or natural gas
for the purposes of providing energy to Colorado individual consumers and
businesses from utility customer funding as approved by a cooperative electric
association.
(b) Energy sector public works project includes the following project types,
so long as they satisfy the criteria in subsection (5)(a)(I) or (5)(a)(II) of this section:
(I) Power generation with a nameplate generation capacity of one megawatt
or higher, including generation sourced from wind, solar, geothermal, hydrogen,
nuclear, or bioenergy, or any project that generates electricity from the combustion
of oil, gas, or other fossil fuels or an energy storage system as defined by section
40-2-202 with an energy rating of one megawatt of power capacity or four
megawatt hours of useable energy capacity or higher; and
(II) Other projects with a total project cost of one million dollars or more that
include:
(A) Pollution controls;
(B) Utility gas distribution;
(C) Electric transmission projects;
(D) Geothermal systems that are used to provide heat or heated water or
that operate as thermal systems or thermal networks as defined in law;
(E) Electric vehicle charging infrastructure installations;
(F) Hydrogen-related infrastructure construction projects;
(G) Any project that transports or stores carbon dioxide captured from
power generation; and
(H) Any other construction projects covered by this part 3.
(6) Federal prevailing wage and apprenticeship requirements means the
requirements under:
(a) Sections 45 (b)(7) and (8) of title 26 of the United States Code, whether
applicable directly or under a provision of the federal Internal Revenue Code of
1986, as amended, that applies such sections of the United States Code; or
(b) Sections 48 (a)(10) and (11) of title 26 of the United States Code, whether
applicable directly or under a provision of the federal Internal Revenue Code of
1986, as amended, that applies such sections of the United States Code.
(7) Federal Inflation Reduction Act means the federal Inflation
Reduction Act of 2022, United States Code, title 26, including but not limited to
sections 30C, 45, 45B, 45L, 45Q, 45U, 45V, 45X, 45Y, 45Z, 48, 48C, 48E, and 179D,
and associated implementing rules and guidance promulgated by the United States
department of the treasury and the United States internal revenue service, as the
statute and implementing rules and guidance may be amended from time to time.
(8) Lead contractor means a general contractor, construction manager,
developer, design builder, or other party that is primarily responsible to a public
utility or independent power producer for performing construction under a contract
for an energy sector public works project.
(9) Project labor agreement means a prehire collective bargaining
agreement between a lead contractor and construction labor organizations,
including but not limited to the Colorado building and construction trades council
and its affiliates or a group of labor unions covering the affected trades necessary
to perform work on a project, that establishes the terms and conditions of
employment of the construction workforce on an energy sector public works
project. A project labor agreement must include provisions that:
(a) Set forth effective, immediate, and mutually binding procedures for
resolving jurisdictional labor disputes and grievances arising before the completion
of work;
(b) Contain guarantees against strikes, lockouts, or similar actions;
(c) Ensure a reliable source of trained, skilled, and experienced construction
craft labor;
(d) Further public policy objectives regarding improved employment
opportunities for minorities, women, or other economically disadvantaged
populations in the construction industry, including persons from disproportionately
impacted communities, to the extent permitted by state and federal law;
(e) Permit the selection of the lowest qualified responsible bidder or lowest
qualified responsible offeror without regard to union or non-union status at other
construction sites;
(f) Bind all contractors and subcontractors on the energy sector public works
project to the project labor agreement through the inclusion of appropriate bid
specifications in all relevant contract documents; and
(g) Include other terms as the parties deem appropriate.
(10) Public utility has the same meaning as set forth in section 40-1-103.