Advocacy Report

Stakeholder Process Continues on Denver Best Value  Contracting Ordinance for City & Airport Projects

DOTI and DEN use Best Value Contracting Now but Council May Want Expansion of Criteria

 

The stakeholder process continued this week for the proposed Best Value Contracting Ordinance. According to an email update this week, the ordinance is backed by union representatives and is being led by Councilmembers Hinds and Alvidrez. AGC, Colorado Contractors Association (CCA) and Hispanic Contractors of Colorado (HCC), along with members of the 3 associations that build city and DEN projects, continue to participate in the process and provide feedback on the likely outcome for city projects if the ordinance is passed.

 

The main issues being discussed at this stage are the proposals to:

1. Require all contractors on a project over $500,000 in value to participate in a US DOL or State Apprenticeship Agency registered apprenticeship program (today 15% apprenticeship hours are required on projects over $10M)
2. Require all contractors on a project over $500,000 in value to offer health insurance and retirement benefits (today prevailing wage is required but fringe can be paid in a number of ways including additional cash wage)
3. Require all trade craft workers on a city project to have OSHA 10-HR (today federal law does not require OSHA 10-HR for every employee)
4. Require all specialty contractors, including MWBE certified firms, to meet all the criteria (today workforce requirements apply at the GC level only and some flow down to specialty contractors as the GC meets overall requirements)
5. Lower threshold for requirements to $500,000 project value (today some of the requirements apply at project value of $10M)

 

To date we have achieved several important milestones:

1. Instead of having to collect best value certificates from specialty contractors at time of bid or proposal, specialty contractors may prequalify once every two years so there is an approved city list of specialty contractors in advance of bid or proposal. GC will then submit specialty contractor’s current certification statement at time of contracting with the GC.
2. Acknowledgement that the $500,000 threshold is likely too low
3. Acknowledgement that registered apprenticeship programs do not currently exist for every craft on a building project

 

AGC will continue to engage in the stakeholder process in coordination with CCA and HCC, and report updates in the AGC Advocacy Report.

 

Draft Ordinance

 

Energy Crossroads Coalition Completes Draft Concepts for 2027 Data Center Bill

In the 2026 legislative session, environmental interests advanced SB26-102 Large Load Data Centers. Data Center developers submitted their own bill HB26-1030 Data Center & Utility Modernization. Both bills had majority party (democrat) support and neither passed. The Energy Crossroads Coalition did not directly engage on HB26-1030 but many members of the coalition, including AGC, supported the bill. The Energy Crossroads Coalition decided to look at data center legislation in 2027 as part of it’s workplan. The coalition has spent this summer drafting concepts for a Data Center Bill for the 2027 state legislative session. The coalition understands that effective environmental and land use regulations are needed in this area, but also believes that with those regulations in place, Colorado can receive it’s share of the data center market going forward (versus a moratorium). AGC is an Executive Committee member of the coalition and CEO Jeff Barratt, Advocacy Director Michael Gifford, and Lobbyist Amy Attwood have all been participating in the work groups that developed the draft concepts. Environmental interests are also updating their bill concept for the 2027 session. Stay tuned for next steps.

 

Denver Recycling Ordinance Including Construction & Demolition Permits Starts Sept 1, 2026

Denver has completed the final Uniform Recycling Composting Ordinance that includes required Construction & Demolition Permits for all private and city construction & demolition projects. It took effect on Sept 1, 2026. URCO for Construction and Demolition Projects

 

AGC Legislative Committee Meets on Oct 6

The AGC Legislative Committee will meet on October 6. There are 50+ members of the AGC Legislative Committee and all member firms are eligible to have a representative on the committee. To check it out or join the committee email Nicole at the AGC office at nicole@agccolorado.org.

 

Ballot Measures on November 3, 2026 General Election Ballot

The Colorado Secretary of State's office has now certified the ballot for the 2026 General Election on Nov 3, 2026. Link to full report summarizing every measure that made the ballot, including one that was recently withdrawn after certification.

Colorado ballot measures reach voters one of two ways. Citizens can gather signatures to put a measure on the ballot directly, either as a Constitutional amendment (which changes the state constitution and requires a higher number of signatures, along with a higher vote threshold 55% to pass) or as a Statutory measure (which creates or changes state law, requires fewer signatures, and passes with a simple majority).

 

Alternatively, the state legislature can vote to refer a measure directly to voters, bypassing the signature process entirely. Separately, Colorado's Taxpayer's Bill of Rights (TABOR) requires that certain tax-related changes new taxes, tax increases, or changes to how the state can retain and spend revenue go to voters for approval no matter how they originate.

This year's measures span several categories:

Tax and fiscal policy is the most consequential group, with three measures: one referred by the legislature that would redirect TABOR surplus revenue, and two competing citizen initiatives that would either restructure the state's income tax into graduated brackets or lock the current flat rate in place.

Public safety and criminal justice measures would increase penalties for fentanyl-related crimes and for human trafficking of minors.

Elections and government measures address mail ballot identification requirements, a plain-language standard for future ballot questions, and rules around congressional redistricting.

Natural resources and conservation measures would establish a constitutional right to hunt and fish, protect consumer access to natural gas, and redirect sporting goods sales tax revenue toward conservation and wildfire prevention.

A final pair of measures addresses school sports participation and certain medical procedures for minors.

Link to full report that has detail on each measure, including specific dollar figures, effective thresholds, and exact statutory or constitutional language where relevant. Each measure in the report is linked to additional source material if you'd like to go deeper on any individual item.