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REFERENCE TITLE: development agreements; prohibited agreements |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2320 |
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Introduced by Representatives Livingston: Weninger
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AN ACT
amending sections 9-500.05 and 11-1101, Arizona Revised Statutes; relating to development agreements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-500.05, Arizona Revised Statutes, is amended to read:
9-500.05. Development agreements; public safety; state preemption; prevailing wage contract; prohibited agreements; definitions
A. A municipality, by resolution or ordinance, may enter into development agreements relating to property in the municipality and to property located outside the incorporated area of the municipality. If the development agreement relates to property located outside the incorporated area of the municipality, the development agreement does not become operative unless annexation proceedings to annex the property to the municipality are completed within the period of time specified by the development agreement or any extension of such time.
B. A development agreement shall be consistent with the municipality's general plan or specific plan, if any, as defined in section 9‑461, applicable to the property on the date the development agreement is executed.
C. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the development agreement or by their successors in interest or assigns.
D. No Not later than ten days after a municipality enters into a development agreement, the municipality shall record a copy of the agreement with the county recorder of the county in which the property subject to the development agreement is located, and the recordation constitutes notice of the development agreement to all persons. The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all their successors in interest and assigns.
E. Section 32‑2181 does not apply to development agreements under this section.
F. Notwithstanding any other law, a municipality may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has been granted a development agreement pursuant to this section, an owner of a protected development right pursuant to chapter 11 of this title or the owner of any other residential or commercial development subject to the supervision of a municipality pursuant to this title, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development in the municipality and that is open to and used by the public. A municipality may require payment from the property owner of the actual cost of signs for speed limits or other restrictions applicable on the private road, before their installation.
G. Notwithstanding section 19‑142, subsection B, a decision by the governing body involving a development agreement may not be enacted as an emergency measure and that decision is not effective for at least thirty days after final approval of the development agreement.
H. The public interest in the rates of wages paid under development agreements transcends local or municipal interests and is of statewide concern.
I. Municipalities may not, by regulation, ordinance or in any other manner, require development agreements 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 this state or in the political subdivision where the project is located.
J. A municipality may not require in any development agreement that a contractor, subcontractor, material supplier or carrier engaged in any project under a development agreement do any of the following as a condition of or a factor in bidding, negotiating, being awarded or performing work on a development agreement:
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.
K. Subsection J 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.
H. L. In For the purposes of this section, unless the context otherwise requires:
1. "Development agreement" means an agreement between a municipality and a community facilities district pursuant to section 48‑709, a landowner or any other person having an interest in real property that may specify or otherwise relate to any of the following:
(a) The duration of the development agreement.
(b) The permitted uses of property subject to the development agreement.
(c) The density and intensity of uses and the maximum height and size of proposed buildings within such property.
(d) Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.
(e) Provisions for preservation and restoration of historic structures.
(f) The phasing or time of construction or development on property subject to the development agreement.
(g) Conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure and subsequent reimbursements over time.
(h) Conditions, terms, restrictions and requirements for annexation of property by the municipality and the phasing or timing of annexation of property by the municipality.
(i) Conditions, terms, restrictions and requirements of deannexation of property from one municipality to another municipality and the phasing or timing of deannexation of property from one municipality to another municipality.
(j) Conditions, terms, restrictions and requirements relating to the governing body's intent to form a special taxing district pursuant to title 48.
(k) Any other matters relating to the development of the property.
2. "Governing body" means the body or board which by law is constituted as the legislative body of the municipality.
3. "Municipality" means an incorporated city or town.
4. "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.
5. "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.
Sec. 2. Section 11-1101, Arizona Revised Statutes, is amended to read:
11-1101. Development agreements; state preemption; prevailing wage contract; prohibited agreements; definitions
A. A county, by resolution or ordinance, may enter into development agreements relating to property located outside the incorporated area of a city or town.
B. The development agreement shall be between the county and a landowner or any other person having an interest in real property and may specify or otherwise relate to any of the following:
1. The duration of the agreement.
2. The permitted uses of property subject to the agreement.
3. The density and intensity of uses and the maximum height and size of proposed buildings within the property.
4. Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.
5. Provisions for preservation and restoration of historic structures.
6. The phasing or time of construction or development on the property.
7. Conditions, terms, restrictions, financing and requirements for public infrastructure and subsequent reimbursements over time.
8. Conditions, terms, restrictions and requirements relating to the county's intent to form a special taxing district pursuant to title 48.
9. Conditions of sewer services.
10. Any other matters relating to the development of the property.
C. A development agreement shall be consistent with the county comprehensive plan adopted pursuant to chapter 6, article 1 of this title and applies to the property on the date the development agreement is executed.
D. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the development agreement or by their successors in interest or assigns.
E. Within ten days after a development agreement is executed, the county shall record a copy of the agreement with the county recorder, and the recordation constitutes notice of the development agreement to all persons. The burdens of the development agreement are binding on, and the benefits of the development agreement inure to, the parties to the agreement and to all of their successors in interest and assigns.
F. Section 32‑2181, subsection I does not apply to development agreements under this section.
G. Notwithstanding any other law, a county may provide by resolution or ordinance for public safety purposes, and with the written consent of an owner of property that has entered into a development agreement pursuant to this section, for the application and enforcement of speed limits, vehicle weight restrictions or other safety measures on a private road that is located in any development outside the corporate boundaries of a city or town and that is open to and used by the public. The county may require payment from the property owner of the actual cost of signs for speed limits or other restrictions applicable on the private road before their installation.
H. The public interest in the rates of wages paid under development agreements transcends local or county interests and is of statewide concern.
I. Counties may not, by regulation, ordinance or in any other manner, require development agreements 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 this state or in the political subdivision where the project is located.
J. A county may not require in any development agreement that a contractor, subcontractor, material supplier or carrier engaged in any project under a development agreement do any of the following as a condition of or a factor in bidding, negotiating, being awarded or performing work on a development agreement:
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.
K. Subsection J 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.
L. For the purposes of this section:
1. "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.
2. "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.