SB161 Summary

• Creates the "Fair and Open Competition in Governmental Construction Act" to regulate public agency construction contracts, grants, tax abatements, and tax credits.

• Prohibits public agencies and construction managers from including terms in bid specifications or contracts that require, prohibit, encourage, or discourage bidders and contractors from entering into or adhering to collective bargaining agreements.

• Prohibits public agencies from awarding grants, tax abatements, or tax credits conditioned on requiring collective bargaining agreement terms in construction contracts for property improvements.

• Allows public agency heads to exempt specific projects from these requirements only after finding special circumstances exist to avert an imminent threat to public health or safety, excluding labor disputes as a basis for exemption.

• Becomes effective on the first day of the third month following passage and approval, and does not apply to contracts executed before the effective date.