ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session

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HB 2736: prohibited agreements; public works contracts

Sponsor:  Representative Sierra, LD 19

Committee on State & International Affairs

Overview

Removes specified prohibitions on public works contracts (Contracts) and Certificates of Environmental Compatibility (Certificates). 

History

Agencies and political subdivisions cannot require Contracts to stipulate any of the following as a factor of bidding, negotiation or being awarded a Contract:

1) Become a party to any project labor agreement (PLA) or any labor organization (LO);

2) Enter into a neutrality agreement with an LO; and

3) Participate in or contribute to an apprenticeship program that is registered with the United States Department of Labor (A.R.S. § 34-321).

A PLA is defined as any collective bargaining or similar type of agreement entered into with one or more LO's, employees or employee representatives that establishes the terms and conditions of employment on a construction problem (A.R.S. § 34-321).

The Power Plant and Transmission Line Siting Committee must require a person applying for Certificates to comply with all applicable environmental standards and regulations but cannot 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; and

2) That a contractor of any project subject to approval by the Arizona Corporation Commission become a party to any PLA, enter a neutrality agreement, apprenticeship program participation or contribution agreement or other agreement with an LO as a condition of the Commission's approval of the project  (A.R.S. § 40-360.06).

Provisions

1. Removes the prohibition on the following from being a factor or condition in receiving or being awarded a Contract or Certificate:

a) Becoming a party to any PLA or LO;

b) Enter into a neutrality agreement with an LO; or

c) Participate in or contribute to an apprenticeship program that is registered with the United States Department of Labor.  (Sec. 1, 2)

2. Prohibits Contracts or Certificates from requiring contractors or subcontractors from entering a neutrality agreement with any service provider.  (Sec. 1, 2)

3. Removes the definition of PLA.  (Sec. 1)

4. Makes technical and conforming changes.  (Sec. 1, 2)

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8.                   HB 2736

9. Initials JR  Page 0 State & International Affairs

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