| 1 | 1 | | REFERENCE TITLE: prohibited agreements; public works contracts. State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2190 Introduced by Representative Cook An Act amending sections 34-321 and 40-360.06, Arizona Revised Statutes; relating to public works contracts. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 9 | 9 | | REFERENCE TITLE: prohibited agreements; public works contracts. |
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| 10 | 10 | | State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 |
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| 11 | 11 | | HB 2190 |
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| 12 | 12 | | Introduced by Representative Cook |
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| 14 | 14 | | REFERENCE TITLE: prohibited agreements; public works contracts. |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | House of Representatives |
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| 28 | 28 | | Fifty-sixth Legislature |
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| 30 | 30 | | Second Regular Session |
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| 32 | 32 | | 2024 |
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| 40 | 40 | | HB 2190 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Representative Cook |
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| 64 | 64 | | An Act |
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| 68 | 68 | | amending sections 34-321 and 40-360.06, Arizona Revised Statutes; relating to public works contracts. |
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| 74 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 78 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 34-321, Arizona Revised Statutes, is amended to read: START_STATUTE34-321. Public policy; public works contracts; prohibitions; definitions A. The public interest in the rates of wages paid under public works contracts transcends local or municipal interests and is of statewide concern. B. Agencies and political subdivisions of this state shall not require, by regulation, or ordinance or in any other manner, require public works contracts to contain a provision requiring the wages paid by the contractor or any subcontractor to be not less than the prevailing rate of wages for work of a similar nature in the state or political subdivision where the project is located. C. Agencies and political subdivisions of this state shall not require in any public works contracts that a contractor, subcontractor, material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works do any of the following enter into a neutrality agreement with any service provider as a condition of or a factor in bidding, negotiating, being awarded or performing work on a public works contract. : 1. Negotiate, execute or otherwise become a party to any project labor agreement or other agreement with employees, employees' representatives or any labor organization. 2. Enter into a neutrality agreement with any labor organization. 3. Participate in or contribute to an apprenticeship program that is registered with the United States department of labor. D. Subsection C of this section does not: 1. Prohibit private parties from entering into individual collective bargaining relationships. 2. Regulate or interfere with activity protected by law, including the national labor relations act. E. For the purposes of this section: 1. "Agency" has the same meaning prescribed in section 41-1001. 2. "Neutrality agreement" includes an agreement to remain neutral toward any labor organization, release private employee information not required by federal labor law, allow access to property beyond what is required by federal labor law and recognize a labor organization without a secret ballot election conducted pursuant to federal labor law. 3. "Political subdivision" means a city, charter city, town, county, school district, community college district, multi-county water conservation district, industrial development authority or special taxing district established pursuant to title 48 that is primarily supported by taxes. 4. "Project labor agreement" means any prehire, collective bargaining, model construction or similar type of agreement entered into with one or more labor organizations, employees or employee representatives that establishes the terms and conditions of employment on a construction project. 5. 4. "Public works contract" means a contract to which this state or a political subdivision is a party involving and that involves the employment of laborers, workmen or mechanics in the construction, alteration or repair of public buildings or improvements. END_STATUTE Sec. 2. Section 40-360.06, Arizona Revised Statutes, is amended to read: START_STATUTE40-360.06. Factors to be considered in issuing a certificate of environmental compatibility A. The committee may approve or deny an application and may impose reasonable conditions on the issuance of a certificate of environmental compatibility. and In so doing, the committee shall consider the following factors as a basis for its action with respect to the suitability of either plant or transmission line siting plans: 1. Existing plans of this state, a local government and private entities for other developments at or in the vicinity of the proposed site. 2. Fish, wildlife and plant life and associated forms of life on which they are dependent. 3. Noise emission levels and interference with communication signals. 4. The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations. 5. Existing scenic areas, historic sites and structures or archaeological sites at or in the vicinity of the proposed site. 6. The total environment of the area. 7. The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective. 8. The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of the facilities and site as recommended by the committee, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant. 9. Any additional factors that require consideration under applicable federal and state laws pertaining to any such site. B. The committee shall give special consideration to the protection of areas that are unique because of biological wealth or because they are habitats for rare and endangered species. C. Notwithstanding any other provision of this article, the committee shall require in all certificates of environmental compatibility for facilities that the applicant comply with all applicable nuclear radiation standards and air and water pollution control standards and regulations, but shall not require either of the following: 1. Compliance with performance standards other than those established by the agency having primary jurisdiction over a particular pollution source. 2. That a contractor, subcontractor, material supplier or other person that is engaged in the construction, maintenance, repair or improvement of any project subject to approval of the commission negotiate, execute or otherwise become a party to any project labor agreement, neutrality agreement as defined in section 34-321, apprenticeship program participation or contribution agreement or other agreement with employees, employees' representatives or any labor organization as a condition of or a factor in the commission's approval of the project. This paragraph does not: (a) Prohibit private parties from entering into individual collective bargaining relationships. (b) Regulate or interfere with activity that is protected by law, including the national labor relations act. D. Any certificate of environmental compatibility that is granted by the committee shall be conditioned on compliance by the applicant with all applicable ordinances, master plans and regulations of the this state, a county or an incorporated city or town, except that the committee may grant a certificate of environmental compatibility notwithstanding any such ordinance, master plan or regulation, exclusive of franchises, if the committee finds as a fact that compliance with such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available. When If it becomes apparent to the chairman of the committee or to the hearing officer that an issue exists with respect to whether such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available, the chairman or hearing officer shall promptly serve notice of such that fact by certified mail on the chief executive officer of the area of jurisdiction affected and, notwithstanding any provision of this article to the contrary, shall make such that area of jurisdiction a party to the proceedings on its request and shall give it an opportunity to respond on such that issue. END_STATUTE |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 82 | 82 | | Section 1. Section 34-321, Arizona Revised Statutes, is amended to read: |
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| 84 | 84 | | START_STATUTE34-321. Public policy; public works contracts; prohibitions; definitions |
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| 86 | 86 | | A. The public interest in the rates of wages paid under public works contracts transcends local or municipal interests and is of statewide concern. |
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| 88 | 88 | | B. Agencies and political subdivisions of this state shall not require, by regulation, or ordinance or in any other manner, require public works contracts to contain a provision requiring the wages paid by the contractor or any subcontractor to be not less than the prevailing rate of wages for work of a similar nature in the state or political subdivision where the project is located. |
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| 90 | 90 | | C. Agencies and political subdivisions of this state shall not require in any public works contracts that a contractor, subcontractor, material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works do any of the following enter into a neutrality agreement with any service provider as a condition of or a factor in bidding, negotiating, being awarded or performing work on a public works contract. : |
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| 92 | 92 | | 1. Negotiate, execute or otherwise become a party to any project labor agreement or other agreement with employees, employees' representatives or any labor organization. |
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| 94 | 94 | | 2. Enter into a neutrality agreement with any labor organization. |
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| 96 | 96 | | 3. Participate in or contribute to an apprenticeship program that is registered with the United States department of labor. |
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| 97 | 97 | | |
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| 98 | 98 | | D. Subsection C of this section does not: |
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| 100 | 100 | | 1. Prohibit private parties from entering into individual collective bargaining relationships. |
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| 102 | 102 | | 2. Regulate or interfere with activity protected by law, including the national labor relations act. |
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| 104 | 104 | | E. For the purposes of this section: |
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| 106 | 106 | | 1. "Agency" has the same meaning prescribed in section 41-1001. |
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| 108 | 108 | | 2. "Neutrality agreement" includes an agreement to remain neutral toward any labor organization, release private employee information not required by federal labor law, allow access to property beyond what is required by federal labor law and recognize a labor organization without a secret ballot election conducted pursuant to federal labor law. |
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| 110 | 110 | | 3. "Political subdivision" means a city, charter city, town, county, school district, community college district, multi-county water conservation district, industrial development authority or special taxing district established pursuant to title 48 that is primarily supported by taxes. |
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| 112 | 112 | | 4. "Project labor agreement" means any prehire, collective bargaining, model construction or similar type of agreement entered into with one or more labor organizations, employees or employee representatives that establishes the terms and conditions of employment on a construction project. |
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| 114 | 114 | | 5. 4. "Public works contract" means a contract to which this state or a political subdivision is a party involving and that involves the employment of laborers, workmen or mechanics in the construction, alteration or repair of public buildings or improvements. END_STATUTE |
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| 116 | 116 | | Sec. 2. Section 40-360.06, Arizona Revised Statutes, is amended to read: |
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| 118 | 118 | | START_STATUTE40-360.06. Factors to be considered in issuing a certificate of environmental compatibility |
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| 120 | 120 | | A. The committee may approve or deny an application and may impose reasonable conditions on the issuance of a certificate of environmental compatibility. and In so doing, the committee shall consider the following factors as a basis for its action with respect to the suitability of either plant or transmission line siting plans: |
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| 122 | 122 | | 1. Existing plans of this state, a local government and private entities for other developments at or in the vicinity of the proposed site. |
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| 124 | 124 | | 2. Fish, wildlife and plant life and associated forms of life on which they are dependent. |
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| 126 | 126 | | 3. Noise emission levels and interference with communication signals. |
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| 128 | 128 | | 4. The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations. |
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| 129 | 129 | | |
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| 130 | 130 | | 5. Existing scenic areas, historic sites and structures or archaeological sites at or in the vicinity of the proposed site. |
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| 132 | 132 | | 6. The total environment of the area. |
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| 133 | 133 | | |
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| 134 | 134 | | 7. The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective. |
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| 135 | 135 | | |
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| 136 | 136 | | 8. The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of the facilities and site as recommended by the committee, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant. |
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| 138 | 138 | | 9. Any additional factors that require consideration under applicable federal and state laws pertaining to any such site. |
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| 139 | 139 | | |
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| 140 | 140 | | B. The committee shall give special consideration to the protection of areas that are unique because of biological wealth or because they are habitats for rare and endangered species. |
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| 141 | 141 | | |
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| 142 | 142 | | C. Notwithstanding any other provision of this article, the committee shall require in all certificates of environmental compatibility for facilities that the applicant comply with all applicable nuclear radiation standards and air and water pollution control standards and regulations, but shall not require either of the following: |
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| 144 | 144 | | 1. Compliance with performance standards other than those established by the agency having primary jurisdiction over a particular pollution source. |
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| 146 | 146 | | 2. That a contractor, subcontractor, material supplier or other person that is engaged in the construction, maintenance, repair or improvement of any project subject to approval of the commission negotiate, execute or otherwise become a party to any project labor agreement, neutrality agreement as defined in section 34-321, apprenticeship program participation or contribution agreement or other agreement with employees, employees' representatives or any labor organization as a condition of or a factor in the commission's approval of the project. This paragraph does not: |
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| 147 | 147 | | |
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| 148 | 148 | | (a) Prohibit private parties from entering into individual collective bargaining relationships. |
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| 149 | 149 | | |
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| 150 | 150 | | (b) Regulate or interfere with activity that is protected by law, including the national labor relations act. |
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| 151 | 151 | | |
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| 152 | 152 | | D. Any certificate of environmental compatibility that is granted by the committee shall be conditioned on compliance by the applicant with all applicable ordinances, master plans and regulations of the this state, a county or an incorporated city or town, except that the committee may grant a certificate of environmental compatibility notwithstanding any such ordinance, master plan or regulation, exclusive of franchises, if the committee finds as a fact that compliance with such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available. When If it becomes apparent to the chairman of the committee or to the hearing officer that an issue exists with respect to whether such an ordinance, master plan or regulation is unreasonably restrictive and compliance therewith is not feasible in view of technology available, the chairman or hearing officer shall promptly serve notice of such that fact by certified mail on the chief executive officer of the area of jurisdiction affected and, notwithstanding any provision of this article to the contrary, shall make such that area of jurisdiction a party to the proceedings on its request and shall give it an opportunity to respond on such that issue. END_STATUTE |
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