public policy; wage contracts; repeal

HB2293 - 572R - I Ver

REFERENCE TITLE:
public policy; wage contracts; repeal

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2293

Introduced by

Representatives
Aguilar: Abeytia, Austin, Blattman, Cavero, Contreras P, Crews, Garcia,
M�rquez, Sandoval, Simacek, Villegas

AN
ACT

Repealing section 34-321, Arizona Revised
Statutes; amending section 40-360.06, Arizona Revised Statutes; relating
to wage contracts.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.
Repeal

Section 34-321, Arizona Revised
Statutes, is repealed.

Sec. 2. Section 40-360.06, Arizona Revised
Statutes, is amended to read:

START_STATUTE
40-360.06.

Factors to be considered in issuing a certificate of
environmental compatibility; definition

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.

e. for the purposes of this section,
"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.

END_STATUTE