(1)
This section applies to all necessary mechanical, plumbing, and electrical work
performed in connection with a project undertaken pursuant to a beneficial
electrification program under this article 3.2 and for which a customer of an
investor-owned electric 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 obtain from the Colorado department of labor and
employment and 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 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
(II) Qualified mechanical, electrical, and plumbing contractors that meet the
graduation standards specified in section 24-92-115 (1)(a)(II).
(b) 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
beneficial electrification programs.
(c) As a condition for customer participation in beneficial electrification
programs where a rebate is paid directly to the customer after installation is
complete, each investor-owned electric utility shall require its residential
customers to verify that they used licensed electricians and plumbers or properly
supervised apprentices on all plumbing and electrical work performed by a
contractor on residential installations that qualify for a beneficial electrification
rebate.
(4) The following requirements apply to beneficial electrification projects in
new or existing industrial, commercial, or multifamily residential 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 beneficial electrification 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 the
beneficial electrification of 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
beneficial electrification 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 building owner 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 beneficial electrification 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 beneficial electrification 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 the beneficial electrification
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 office of apprenticeship 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 beneficial electrification 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.
(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 must immediately
be removed from the public project. The utility may debar the offending
subcontractors from future participation in rebate 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 shall 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.