Advocating for our members and promoting the construction industry to legislators and policymakers is an important priority for Rocky Mountain MCA. We work with elected officials and government agencies at the state and local levels to encourage investment in building infrastructure and the development of sound policies that will lead to job creation and a thriving economy. We will continue to track, analyze and lobby bills with impact to the mechanical, plumbing and HVACR industry and keep members apprised of the issues and bills affecting their business.
As part of our efforts, Rocky Mountain MCA commissions and distributes an annual Colorado Capital Construction Report. This report serves to outline the economic impact of the construction industry in Colorado and educate policymakers about the importance of investment in capital construction and controlled maintenance.
What You Need to Know
SB24-165 Air Quality Improvements by Senators Priola and
Cutter and Representatives Rutinel and Garcia includes a multitude of new
emission standards and requirements for diesel-fueled automobiles as well as
facilities or buildings that generate air pollutants within the 8-hour ozone
Denver/front range nonattainment area. The bill also redefines ozone season as
the period between May 1 and September 30. Beginning in 2025, oil and gas
activity must pause during the ozone season within the nonattainment area.
Moving forward, oil and gas operators must prepare several new reports
including an inventory report that includes the emissions of certain air
pollutants from their operations and a report estimating emissions of nitrogen
oxides from the oil and gas operations in the nonattainment area. This report
will be used to develop a nitrogen oxide emissions budget to set certain
emission level maximums. Lastly, the bill also requires the Department of Transportation
to establish vehicle miles traveled reduction targets for the nonattainment
area and to develop policies and programs to assist metropolitan planning
organizations to help meet targets. BBKM recommends an opposed position.
SB24-106 Right to Remedy Construction Defects sponsored by
Senators Zenzinger and Coleman and Rep. Bird. This legislation is from the
Homeowner’s Opportunity Alliance. This
bill looks to make changes to certain aspects of the Construction Defect Action
Reform Act. The proposed bill introduces a right-to-remedy option, in which
condo owners and the contractors involved in the construction defects claim
work bring in a neutral third party to resolve the matter by either doing
remedial work or hiring another construction professional to perform the work
before it is taken to court. To bring a claim, two-thirds of the actual owners
of the (condominium) units must provide their written consent. Under the act,
claimants can only seek damages for 1) actual damage to real or personal
property, 2) actual loss of the use of real or personal property, 3) bodily
injury or wrongful death, and 3) risk of bodily injury or death, a threat to
the life, health, or safety of the occupants.
RMMCA has a support position. The bill has been scheduled for March 5.
HB24-1014 Deceptive Trade Practice Significant Impact sponsored by Reps. Weissman and Mabrey and Senator Gonzales. The bill establishes that evidence that a person has engaged in an unfair or deceptive trade practice constitutes a significant impact on the public. The bill cleared the Judiciary Committee after hours of opposed testimony. There are no amendments to make the bill substantially better. The strategy is to begin to count the Senate. The governor has also signaled his opposition. RMMCA is in an opposed position, and the bill is scheduled for Senate Judiciary on March 11.
SB24-023 Hold Harmless for Error in GIS Database Data sponsored by Senators Van Winkle and Bridges and Reps. Kipp and Taggart. The bill holds harmless any vendor for an underpayment of a tax, charge, or fee liability that results solely from an error or omission in the Colorado Department of Revenue’s GIS database. RMMCA is in a support position.
SB24-025 Update Local Government Sales & Use Tax Collection sponsored by Senator Bridges and Van Winkle and Reps. Kipp and Taggart. Similar to SB23, this one is stalled in committee while they work through amendments with CML. RMMCA is in a support position.
HB24-1008 Wage Claims Construction Industry Contractors
sponsored by Majority Leader Duran and Rep. Froelich and Senator
Danielson. Under the bill, a general
contractor and a subcontractor who is the direct employer of an employee are
jointly liable for debts owed based on a wage claim or investigation. The bill
requires that a subcontractor that receives a written demand for payment
forward the demand to the general contractor within three business days.
Subcontractors that fail to do this will be fined $2,000, paid to the general
contractor, plus any other owed amounts. The bill also allows a general
contractor to require that a subcontractor provide pay data and contact
information for employees of the subcontractor, plus an affidavit attesting to
whether the contractor has participated in a civil or administrative proceeding
within the last five years and the outcome of the proceeding. There were several amendments adopted in the
committee to help the bill. Led by AGC, the amendments streamlined some of the
language to make it more applicable to business operations. Upon the adoption
of the amendment, RMMCA moved to a neutral position.
HB24-1260 Prohibition Against Employee Discipline by Representatives Duran and Hernandez and Senator Danielson. The bill prohibits an employer from requiring an employee to attend meetings, listen to speech, or view communications concerning religious or political matters. The bill creates a private right of action for employees seeking lost wages, front pay, compensation, costs, and attorney’s fees should their employer violate this policy. Certain employer communications are exempt from the prohibition, including communications required by law or that are necessary for an employee to perform the employee’s job duties. Lastly, each employer is required to post a notice of the employee rights outlined in the bill at the employer’s workplace. RMMCA has an amendment position to work on the private right of action language. The bill has not been scheduled for committee.
Credential Quality Apprenticeship Classification sponsored by Senators Coleman
and Zenzinger and Rep Herod. Current law requires the Department of Higher Education
(department) and other higher education institutions to develop a framework for
evaluating the quality of nondegree credentials. The bill formally recognizes
the resulting quality and in-demand nondegree credentials framework (quality non-degree
credentials framework) as the primary tool for assessing the quality of
nondegree credentials offered in the state.
The bill requires the department to collaborate with various agencies to
ensure the effective integration of the quality non-degree credentials
framework within the state’s education and workforce systems and to evaluate
nondegree credentials offered through state-recognized programs to ensure the
credentials meet the framework’s quality standards. The bill is supported by the Colorado Education Association. RMMCA
successfully amended the bill in its first Senate committee.
2024 Bill Position
HB 24-1041: Streamline filing Sales & Use Tax Returns
HB 24-1050: Simplify Processes Regarding Certain Local Government Taxes
SB24-023: Hold Harmless for error in GIS Database Data
SB24-025: Update Local Government Sales & Use Tax Collection
SB24-094: Safe Housing for Residential Tenants
SB24-106: Right to Remedy Construction Defects