Best Value Employment Metrics and Energy Sector Public Works Rulemaking

The Colorado Public Utilities Commission (PUC) approved new rules in Proceeding No. 24R-0559EG to implement and clarify Senate Bill 23-292 directives around Best Value Employment Metrics (BVE Metrics) and Energy Sector Public Works Projects (ESPW Projects) on Oct. 29, 2025. These rules outline labor requirements for electric and gas utilities for electric resource planning and infrastructure projects.

The history of considering labor requirements in Commission proceedings goes back over a decade, with a requirement for utilities, energy developers, and the PUC to consider the quality of the jobs that are created when selecting or building energy projects. SB 23-292 makes important changes to how labor issues are considered at the Commission by expanding the list of BVE Metrics to be reported and adding the concept of ESPW Projects, which impact projects of specified dollar and capacity amounts.
 

In addition to the current reporting mandates for workforces constructing energy projects on evaluating factors such as access to training, competitive wages, benefits, the use of in-state labor, SB 23-292 adds two factors that must be considered by the Commission. This includes the requirement of information regarding the ability to employ workers from disproportionately impacted communities and support for domestic manufacturing. The bill also stipulates that certain infrastructure projects must use contractors that offer apprenticeship programs and pay prevailing wages. 
 

The rule changes adopt new definitions for Craft Labor Certification, Energy Sector Public Works Projects, and Project Labor Agreement as contemplated in SB 23-292. Consistent with statute, the rulemaking adds new "Labor Requirements," under which BVE Metrics reported to the Commission are expanded and ESPW Projects must meet statutory requirements regarding apprenticeship programs and prevailing wages. The rules provide modifications to Certificates of Public Convenience and Necessity (CPCN) and Electric Resource Plans (ERP) applications in accordance with updated BVE Metrics and ESPW Projects requirements.

Coming soon.