School construction projects

AN ACT Relating to promoting the efficient administration of 1
school construction assistance program projects; adding new sections 2
to chapter 28A.525 RCW; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that project labor 5
agreements promote the creation of jobs in Washington, strengthen the 6
state economy, and promote efficiencies in the administration of 7
state government capital projects, including school district 8
construction projects.9
NEW SECTION. Sec. 2. The definition in this section applies 10
throughout sections 3 and 4 of this act unless the context clearly 11
requires otherwise.12
"Project labor agreement" means a prehire collective bargaining 13
agreement with one or more labor organizations that establishes the 14
terms and conditions of employment for a specific construction 15
project and is an agreement described in 29 U.S.C. Sec. 158 (f). To 16
establish the terms and conditions for employment on a single 17
construction project, the project labor agreement must be a single 18
agreement covering all labor organizations representing the building 19
Z-0338.2
HOUSE BILL 1723
State of Washington 69th Legislature 2025 Regular Session
By Representatives Fosse, Thomas, Salahuddin, Parshley, Scott,
Cortes, Nance, Ormsby, Obras, Hill, Macri, and Zahn; by request of
Superintendent of Public Instruction
Read first time 01/29/25. Referred to Committee on Capital Budget.
p. 1 HB 1723
and construction employees involved in the project and all 1
contractors and subcontractors working on the project.2
NEW SECTION. Sec. 3. (1) When awarding a school construction 3
assistance program project for which the total estimated cost of the 4
construction contract is $35,000,000 or more, or obligating funds 5
pursuant to such a contract, school districts shall require every 6
contractor or subcontractor engaged in construction on the project to 7
agree, for that project, to negotiate or become a party to a project 8
labor agreement with one or more appropriate labor organizations.9
(2) Any project labor agreement reached pursuant to this section 10
must: 11
(a) Bind all contractors and subcontractors on the construction 12
project through the inclusion of appropriate specifications in all 13
relevant solicitation provisions and contract documents;14
(b) Allow all contractors and subcontractors on the construction 15
project to compete for contracts and subcontracts without regard to 16
whether they are otherwise parties to collective bargaining 17
agreements; 18
(c) Contain guarantees against strikes, lockouts, and similar job 19
disruptions; 20
(d) Set forth effective, prompt, and mutually binding procedures 21
for resolving labor disputes arising during the term of the project 22
labor agreement; 23
(e) Provide other mechanisms for labor-management cooperation on 24
matters of mutual interest and concern, including productivity, 25
quality of work, safety, and health; and 26
(f) Fully conform to all state laws and regulations.27
(3) Contractors or subcontractors entering into a project labor 28
agreement pursuant to this section may not be required to do so with 29
any particular labor organization. 30
(4) Projects awarded or receiving funding under RCW 28A.525.159 31
or 28A.525.320 are exempt from the requirements of this section.32
(5) Nothing in this section precludes a school district from 33
requiring the use of a project labor agreement in circumstances not 34
covered by the requirements of this section. 35
NEW SECTION. Sec. 4. The department of labor and industries may 36
grant an exception from the requirements of section 3 of this act for 37
a particular contract by, no later than the solicitation date of the 38
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contract, providing a specific written explanation of why at least 1
one of the following circumstances exists with respect to that 2
contract: 3
(1) Requiring a project labor agreement on the project would not 4
advance the state's interests in achieving economy and efficiency in 5
state procurement. Such a finding must be based on the following 6
factors: 7
(a) The project is of short duration and lacks operational 8
complexity; 9
(b) The project will involve only one craft or trade;10
(c) The project will involve specialized construction work that 11
is available from only a limited number of contractors or 12
subcontractors; 13
(d) The school district's need for the project is of such an 14
unusual and compelling urgency that a project labor agreement would 15
be impracticable; or 16
(e) The project implicates other similar factors deemed 17
appropriate in regulations or guidance; 18
(2) Based on an inclusive market analysis, requiring a project 19
labor agreement on the project would substantially reduce the number 20
of potential bidders so as to frustrate full and open competition; or21
(3) Requiring a project labor agreement on the project would 22
otherwise be inconsistent with state laws and regulations.23
NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each 24
added to chapter 28A.525 RCW.25
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