C.R.S. Section 24-92-118
Maximum global warming potential for materials used in public projects

  • road
  • highway
  • bridge projects
  • environmental product declaration
  • short title
  • report
  • definitions

(1)

The short title of this section and section 24-92-117 is the “Buy Clean Colorado Act”.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Department” means the department of transportation.

(b)

“Eligible material” means materials used in the construction of a public project, including, but not limited to:

(I)

Asphalt and asphalt mixtures;

(II)

Cement and concrete mixtures; and

(III)

Steel.

(c)

“Greenhouse gas” has the same meaning as set forth in section 25-7-140 (6).

(d)

“Public project” means all publicly bid construction projects, projects from within the asset management, or other projects as determined by the department.

(3)

Intentionally left blank —Ed.

(a)

By January 1, 2025, the department shall establish a policy to determine and record greenhouse gas emissions from eligible materials used in a public project with the goal of reducing greenhouse gas emissions in accordance with the following requirements:

(I)

The department shall use the nationally or internationally recognized databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions; and

(II)

The department shall develop a tracking and reporting process in a manner that is consistent with criteria in an environmental product declaration. The department may establish additional subcategories within each eligible material with distinct maximum global warming potential limits.

(b)

In establishing the policy pursuant to this section, the department may consult with any other relevant department or division of state government.

(c)

By January 1, 2027, and every four years thereafter, the department of transportation shall review the policy created pursuant to this section and may adjust the policy to reflect industry conditions. The department shall not adjust the policy for any eligible material to be less stringent.

(4)

Intentionally left blank —Ed.

(a)

For invitation for bids for contracts for public projects issued on or after July 1, 2022, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, for each eligible material proposed to be used in the public project.

(b)

For invitation for bids for contracts for public projects issued on or after July 1, 2025, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the department for each eligible material proposed to be used in the public project.

(c)

For invitation for bids for contracts for publicly bid public projects issued on or after July 1, 2025, the department of transportation shall specify the eligible materials that will be used in the project based on the policy and reasonable minimum usage thresholds below which the requirements of this section shall not apply.

(d)

A contractor that is awarded a contract for a public project shall not install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (3)(a) of this section. The environmental product declaration shall be deemed approved if it complies with the policy established by the department pursuant to this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the department and install an alternative eligible material with an environmental product declaration. If a product meeting the policy requirements for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the department may waive the requirements of this section for that product.

(5)

In administering this section, the department shall strive to achieve a continuous reduction of greenhouse gas emissions over time. Reduction of greenhouse gas emissions achieved under this section shall be credited under the process created in section 25-7-105 (1)(e).

(6)

Beginning in 2026, the department shall annually present the following information to the transportation legislation review committee, or any successor committee:

(a)

For the presentation in 2026 only, a description of the method that the department used to develop the policy requirements for each category of eligible materials;

(b)

What the department has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; and

(c)

Any obstacles the department as well as bidding contractors have encountered in identifying and quantifying embodied carbon in building materials.

Source: Section 24-92-118 — Maximum global warming potential for materials used in public projects - road - highway - bridge projects - environmental product declaration - short title - report - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Dec. 24, 2024).

24‑92‑101
Short title
24‑92‑102
Definitions
24‑92‑103
Construction of public projects - invitation for bids
24‑92‑103.5
Construction of public projects - invitation for best value bids
24‑92‑103.7
Disclosure - invitation for bids - invitation for best value bids
24‑92‑104
Exemptions - applicability
24‑92‑104.5
Solicitation of bids by electronic online access - department of transportation
24‑92‑105
Cancellation of invitations for bids
24‑92‑106
Responsibility of bidders and offerors
24‑92‑107
Prequalification of contractors
24‑92‑108
Types of contracts
24‑92‑109
Agency of government to submit cost estimate
24‑92‑110
Rules and regulations
24‑92‑111
Audit
24‑92‑112
Finality of determinations
24‑92‑113
Reporting of anticompetitive practices
24‑92‑114
Prohibition of dividing work of public project
24‑92‑115
Apprenticeship utilization requirements - mechanical, electrical, and plumbing contracts - public projects - definition
24‑92‑116
Department of transportation - reporting requirements
24‑92‑117
Maximum global warming potential for materials used in eligible projects - buildings - projects that are not roads, highways, or bridges - environmental product declaration - short title - report - definitions
24‑92‑118
Maximum global warming potential for materials used in public projects - road - highway - bridge projects - environmental product declaration - short title - report - definitions
24‑92‑201
Definitions
24‑92‑202
Contractors subject to provisions - weekly payment of employees - rules
24‑92‑203
Prevailing rate of wages and other payments - specifications in solicitations and contract - repeal
24‑92‑204
Specification in contract - payment of wages - amount and frequency - unclaimed prevailing wages special trust fund - creation
24‑92‑205
Investigation and determination of prevailing wages - filing of schedule - repeal
24‑92‑206
Statutory provisions included in contracts
24‑92‑207
Prevailing wage rates - posting
24‑92‑208
Apprenticeship contribution rate
24‑92‑209
Enforcement - rules
24‑92‑210
Private right of action to collect wages or benefits - definition
24‑92‑301
Short title
24‑92‑302
Legislative declaration
24‑92‑303
Definitions
24‑92‑304
Energy sector public works projects - craft labor employment - training - wage requirements
24‑92‑305
Energy sector public works projects - record keeping - reporting - craft labor certification - sanctions - compliance with best value employment metrics
24‑92‑306
Energy sector public works projects - use of project labor agreements
24‑92‑307
Energy sector public works projects - existing authority of the public utilities commission
Green check means up to date. Up to date

Current through Fall 2024

§ 24-92-118’s source at colorado​.gov