SB 310 - This act modifies provisions of law governing construction contracts entered into by certain public entities. Under current law, the state, any agency of the state, any political subdivision of the state, or any instrumentality thereof, when engaged in procuring or letting contracts for construction, repair, remodeling, or demolition of a facility shall ensure that bid specification, project agreements, and other controlling documents entered into, required, or subject to approval by the state, agency, political subdivision, or instrumentality do not:
· Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations on the same or related projects; or
· Discriminate against, encourage, or give preferential treatment to bidders, offerors, contractors, or subcontractors for entering or refusing to enter agreements, or remaining or refusing to remain signatory with one or more labor organizations on the same or related construction projects.
This act modifies that provision by applying it only to the state, any agency of the state, and any instrumentality thereof when engaged in procuring or letting contracts for construction of a project that is funded greater than 50% by state funds. A provision is additionally repealed stipulating that the state, any agency of the state, any political subdivision of the state, or any instrumentality thereof may require bidders, offerors, contractors, or subcontractors, as a condition of receiving work or submitting a bid, to test its workers and employees for the presence of illegal drugs.
The act repeals provisions prohibiting the state, any agency of the state, or any instrumentality of the state from issuing tax abatements or tax credits or from entering into cooperative agreements for the improvement, maintenance, or renovation of real property or fixtures, a condition of which requires that bid specifications, project agreements, or other controlling documents pertaining to the tax abatement, tax credit, or cooperative agreement contain any provision prohibited by state law.
The act creates new provisions expressly permitting the state or a political subdivision of the state to enter into a union-only project labor agreement for the procurement of construction services on a project-by-project basis, provided that the project is funded 50% or less with state funds and provided further that the state or political subdivision completes certain analyses on the impact of the project labor agreement. Such analyses shall be made public and furthermore a public hearing shall be conducted on whether to proceed with the project. Interested parties may file a complaint with the Labor and Industrial Relations Commission for failure to comply with these provisions.
The act repeals certain provisions providing a remedy against any entity that violates the provisions of this act.
This act is identical to SB 924 (2022), SB 241 (2021), and HB 1497 (2020).
SCOTT SVAGERA