(1) This section
applies to all necessary plumbing, mechanical, and electrical work performed in
connection with a project undertaken pursuant to a gas DSM program under this
article 3.2 and for which a customer of an investor-owned utility applies for a rebate
directly from the utility.
(2) When practicable, the utility may assign its own employees to perform
the work, subject to state licensing requirements and all applicable state and local
rules, codes, and standards.
(3) (a) The utility shall make use of a list, referred to in this section as the
certified contractor list, containing the names and contact information of:
(I) Qualified contractors that participate in apprenticeship programs that:
(A) Are registered with the United States department of labor's office of
apprenticeship or with a state apprenticeship agency recognized by the United
States department of labor; and
(B) Have been providing training for at least six months; and
(II) Qualified mechanical, electrical, and plumbing contractors that
participate in apprenticeship programs meeting the standards specified in section
24-92-115 (1)(a)(II).
(b) The Colorado department of labor and employment shall oversee the
compilation of the certified contractor list through one of the following methods:
(I) Directing the state apprenticeship agency recognized by the United
States department of labor, if available, to assemble the information; or
(II) Establish an application process whereby contractors would apply for
inclusion in the list and provide evidence, in a form satisfactory to the department,
that each applicant meets the criteria set forth in subsection (3)(a) of this section.
(c) The utility shall publish the certified contractor list on its website and
include or reference the list in all of the utility's relevant marketing material for gas
DSM programs.
(d) In addition to the certified contractor list, each investor-owned gas utility
shall require its residential customers to use licensed plumbing and electrical
contractors that perform the type of work appropriate to residential gas DSM
installations for participation in gas DSM programs where a rebate is paid directly
to the customer after the installation is complete and the customer uses a
contractor.
(4) The following requirements apply to gas DSM projects in new or existing
buildings:
(a) For plumbing, mechanical, or electrical projects undertaken by a
commercial or industrial customer in a building that contains twenty thousand
square feet or more of conditioned floor space and for which a rebate is to be
provided directly to the customer as part of a gas DSM program, the utility shall
condition payment of the rebate on the customer's exclusive use of contractors
from the certified contractor list unless the work is done by employees of the
utility.
(b) (I) For plumbing, mechanical, or electrical projects that involve energy
efficiency improvements to central building systems in a multifamily building that
contains twenty thousand square feet or more of conditioned floor space and for
which a rebate is to be provided directly to the building owner as part of a gas DSM
program, the utility shall condition payment of the rebate on the building owner's
exclusive use of contractors that participate in apprenticeship programs registered
with the United States department of labor's office of apprenticeship or with a
state apprenticeship agency recognized by the United States department of labor
for any necessary plumbing or electrical work. If the contractor chosen by the
customer is not on the certified contractor list, the utility shall require another
method of verifying compliance with this subsection (4)(b).
(II) This subsection (4)(b) does not apply to a gas DSM project that is limited
to in-unit work in a multifamily building, as undertaken by the owner or tenant of
the multifamily building or unit.
(5) (a) For a plumbing, mechanical, or electrical project in a new or existing
industrial, commercial, or multifamily residential building that contains twenty
thousand square feet or more of conditioned floor space and for which a rebate is to
be provided directly to the building owner as part of a gas DSM program, a utility
shall not issue any rebates or incentives unless the lead general contractor
performing the work for the project signs a notarized affidavit under penalty of
perjury stating that all of the requirements of this section have been met and
provides the signed affidavit to the sponsoring utility. The affidavit must:
(I) Identify the contractors or subcontractors that will be used for all
mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing
work required on the project;
(II) Certify that all firms identified participate in apprenticeship programs
registered with the United States department of labor's employment and training
administration or state apprenticeship agencies recognized by the United States
department of labor and have a proven record of graduating apprentices as follows:
(A) Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen
percent of its apprentices for at least three of the past five years;
(B) Beginning July 1, 2026, through June 30, 2031, a minimum of twenty
percent of its apprentices for at least three of the past five years; and
(C) Beginning July 1, 2031, and each year thereafter, a minimum of thirty
percent of its apprentices for at least three of the past five years; and
(III) Supply supporting documentation from the United States department of
labor's office of apprenticeship or state apprenticeship agency verifying the
information provided in the certification specified in subsection (1)(a)(II) of this
section.
(b) The utility must maintain a database of the information contained in the
affidavit for each project awarded a rebate or incentive.
(c) This subsection (5) does not apply to a gas DSM program that is limited to
in-unit work in a multifamily building, as undertaken by the owner or tenant of the
multifamily building or unit.
(6) (a) To ensure compliance with the requirements of subsection (5) of this
section, the general contractor or other firm to which the contract is awarded must
agree to provide additional documentation to the participating utility offering the
rebate or incentive regarding the requirements for affected apprenticeship training
programs specified in subsection (5)(a) of this section.
(b) If the utility offering the rebate or incentive determines that a
mechanical, electrical, or plumbing subcontractor has willfully falsified
documentation or willfully misrepresented its qualifications as required to comply
with this section in the contract, the utility shall direct the contractor to terminate
the subcontractor contract immediately, and the subcontractor shall immediately
be removed from the public project. The utility may also debar the offending
subcontractors from future participation in rebates or incentive programs
established under this section.
(c) If, after issuing a rebate or incentive pursuant to this section, a utility
determines that a contractor or subcontractor has willfully violated any
requirement of this section, the utility may demand a full refund of the rebate or
incentive with reasonable penalties and interest and may pursue any remedy
provided by law.
(d) A utility must maintain a list of contractors and subcontractors that have
willfully falsified documentation or willfully misrepresented their qualifications or
that are debarred from receiving future rebates or incentives and make that list
available to their customers on its website.
(7) (a) The utility that offers the rebate or incentive pursuant to this section
must establish periodic audits of the qualifying rebates that represent the highest
two percent of rebates issued by dollar amount at least every three years to ensure
that the contractors or subcontractors maintain compliance with this section.
(b) If the audit determines that there were willful violations of this section,
the utility may demand a full refund of the rebate or incentive with reasonable
penalties and interest and may pursue any remedy provided by law.