1. The state, any agency of the state, any political subdivision of the state, or any instrumentality thereof shall not issue or award grants, tax abatements, or tax credits or enter into cooperative agreements for construction projects or 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 grant, tax abatement, tax credit, or cooperative agreement contain any of the elements specified in section 8.968.

2. The state, any agency of the state, any political subdivision, or any instrumentality thereof shall exercise such authority as may be required to preclude a grant, tax abatement, or tax credit recipient or party to a cooperative agreement from imposing any of the elements specified in section 8.968 in connection with any grant or cooperative agreement awarded or entered into. Nothing in sections 8.964 to 8.974 shall prohibit contractors or subcontractors from voluntarily entering into agreements described in section 8.968.