Public Act 93-0015
HB0046 Enrolled LRB093 02098 SJM 02104 b
AN ACT concerning renewable fuels.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Illinois Renewable Fuels Development Program Act.
Section 5. Findings and State policy. The General
Assembly recognizes that agriculture is a vital sector of the
Illinois economy and that an important growth industry for
the Illinois agricultural sector is renewable fuels
production. Renewable fuels produced from Illinois
agricultural products hold great potential for growing the
State's economy, reducing our dependence on foreign oil
supplies, and improving the environment by reducing harmful
emissions from vehicles. Illinois is the nation's leading
producer of ethanol, a clean, renewable fuel with significant
environmental benefits. The General Assembly finds that
reliable supplies of renewable fuels will be integral to the
long term energy security of the United States. The General
Assembly declares that it is the public policy of the State
of Illinois to promote and encourage the production and use
of renewable fuels as a means not only to improve air quality
in the State and the nation, but also to grow the
agricultural sector of the Illinois economy. To achieve these
public policy objectives, the General Assembly hereby
authorizes the creation and implementation of the Illinois
Renewable Fuels Development Program within the Department.
Section 10. Definitions. As used in this Act:
"Biodiesel" means a renewable diesel fuel derived from
biomass that is intended for use in diesel engines.
"Biodiesel blend" means a blend of biodiesel with
petroleum-based diesel fuel in which the resultant product
contains no less than 1% and no more than 99% biodiesel.
"Biomass" means non-fossil organic materials that have an
intrinsic chemical energy content. "Biomass" includes, but is
not limited to, soybean oil, other vegetable oils, and
ethanol.
"Department" means the Department of Commerce and
Community Affairs.
"Diesel fuel" means any product intended for use or
offered for sale as a fuel for engines in which the fuel is
injected into the combustion chamber and ignited by pressure
without electric spark.
"Director" means the Director of Commerce and Community
Affairs.
"Ethanol" means a product produced from agricultural
commodities or by-products used as a fuel or to be blended
with other fuels for use in motor vehicles.
"Fuel" means fuel as defined in Section 1.19 of the Motor
Fuel Tax Law.
"Gasohol" means motor fuel that is no more than 90%
gasoline and at least 10% denatured ethanol that contains no
more than 1.25% water by weight.
"Gasoline" means all products commonly or commercially
known or sold as gasoline (including casing head and
absorption or natural gasoline).
"Illinois agricultural product" means any agricultural
commodity grown in Illinois that is used by a production
facility to produce renewable fuel in Illinois, including,
but not limited to, corn, barley, and soy beans.
"Labor Organization" means any organization:
(1) in which construction trades, crafts, or labor
employees, or all or any of these participate; and
(2) that represents construction trades, crafts, or
labor employees, or any or all of these; and
(3) that exists for the purpose, in whole or in
part, of negotiating with the employers of construction
trades, crafts, or labor employees, or any or all of
these, terms and conditions of employment, including but
not limited to: wages, hours of work, overtime
provisions, fringe benefits, and the settlement of
grievances; and
(4) that participates in apprenticeship and
training approved and registered with the United States
Department of Labor's Bureau of Apprenticeship and
Training, in the State of Illinois.
"Majority blended ethanol fuel" means motor fuel that
contains no less than 70% and no more than 90% denatured
ethanol and no less than 10% and no more than 30% gasoline.
"Motor vehicles" means motor vehicles as defined in the
Illinois Vehicle Code and watercraft propelled by an internal
combustion engine.
"Owner" means any individual, sole proprietorship,
limited partnership, co-partnership, joint venture,
corporation, cooperative, or other legal entity that operates
or will operate a plant located within the State of Illinois.
"Plant" means a production facility that produces a
renewable fuel. "Plant" includes land, any building or other
improvement on or to land, and any personal properties deemed
necessary or suitable for use, whether or not now in
existence, in the processing of fuel from agricultural
commodities or by-products.
"Renewable fuel" means ethanol, gasohol, majority blended
ethanol fuel, biodiesel blend fuel, and biodiesel.
Section 15. Illinois Renewable Fuels Development Program.
(a) The Department must develop and administer the
Illinois Renewable Fuels Development Program to assist in the
construction, modification, alteration, or retrofitting of
renewable fuel plants in Illinois. The recipient of a grant
under this Section must:
(1) be constructing, modifying, altering, or
retrofitting a plant in the State of Illinois;
(2) be constructing, modifying, altering, or
retrofitting a plant that has annual production capacity
of no less than 30,000,000 gallons of renewable fuel per
year; and
(3) enter into a project labor agreement as
prescribed by Section 25 of this Act.
(b) Grant applications must be made on forms provided by
and in accordance with procedures established by the
Department.
(c) The Department must give preference to applicants
that use Illinois agricultural products in the production of
renewable fuel at the plant for which the grant is being
requested.
Section 20. Grants. Subject to appropriation from the
General Revenue Fund, the Director is authorized to award
grants to eligible applicants. The annual aggregate amount of
grants awarded shall not exceed $15,000,000.
Section 25. Project labor agreements.
(a) The project labor agreement must include the
following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employee;
(2) provisions establishing the benefits and other
compensation for each class of labor organization
employee; and
(3) provisions establishing that no strike or
disputes will be engaged in by the labor organization
employees.
The owner of the plant and the labor organizations shall have
the authority to include other terms and conditions as they
deem necessary.
(b) The project labor agreement shall be filed with the
Director in accordance with procedures established by the
Department. At a minimum, the project labor agreement must
provide the names, addresses, and occupations of the owner of
the plant and the individuals representing the labor
organization employees participating in the project labor
agreement. The agreement must also specify the terms and
conditions required in subsection (a).
Section 30. Administration of the Act; rules. The
Department shall administer this Act and shall adopt any
rules necessary for that purpose.
Section 905. The Prevailing Wage Act is amended by
changing Sections 2, 3, and 4 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed for
public use by any public body, other than work done directly
by any public utility company, whether or not done under
public supervision or direction, or paid for wholly or in
part out of public funds. "Public works" as defined herein
includes all projects financed in whole or in part with bonds
issued under the Industrial Project Revenue Bond Act (Article
11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois
Development Finance Authority Act, the Illinois Sports
Facilities Authority Act, or the Build Illinois Bond Act, and
all projects financed in whole or in part with loans or other
funds made available pursuant to the Build Illinois Act.
"Public works" also includes all projects financed in whole
or in part with funds from the Department of Commerce and
Community Affairs under the Illinois Renewable Fuels
Development Program Act for which there is no project labor
agreement.
"Construction" means all work on public works involving
laborers, workers or mechanics.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes
any other county nearest the one in which the work or
construction is to be performed and from which such persons
may be obtained in sufficient numbers to perform the work and
(2) that, with respect to contracts for highway work with the
Department of Transportation of this State, "locality" may at
the discretion of the Secretary of the Department of
Transportation be construed to include two or more adjacent
counties from which workers may be accessible for work on
such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, authorized by law to construct
public works or to enter into any contract for the
construction of public works, and includes every county,
city, town, village, township, school district, irrigation,
utility, reclamation improvement or other district and every
other political subdivision, district or municipality of the
state whether such political subdivision, municipality or
district operates under a special charter or not.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 91-105, eff. 1-1-00; 91-935, eff. 6-1-01;
92-16, eff. 6-28-01.)
(820 ILCS 130/3) (from Ch. 48, par. 39s-3)
Sec. 3. Not less than the general prevailing rate of
hourly wages for work of a similar character on public works
in the locality in which the work is performed, and not less
than the general prevailing rate of hourly wages for legal
holiday and overtime work, shall be paid to all laborers,
workers and mechanics employed by or on behalf of any public
body engaged in the construction of public works. Only such
laborers, workers and mechanics as are directly employed by
contractors or subcontractors in actual construction work on
the site of the building or construction job, and laborers,
workers and mechanics engaged in the transportation of
materials and equipment to or from the site, but not
including the transportation by the sellers and suppliers or
the manufacture or processing of materials or equipment, in
the execution of any contract or contracts for public works
with any public body shall be deemed to be employed upon
public works. The wage for a tradesman performing maintenance
is equivalent to that of a tradesman engaged in construction.
(Source: P.A. 83-443.)
(820 ILCS 130/4) (from Ch. 48, par. 39s-4)
Sec. 4. The public body awarding any contract for public
work or otherwise undertaking any public works, shall
ascertain the general prevailing rate of hourly wages in the
locality in which the work is to be performed, for each craft
or type of worker or mechanic needed to execute the contract,
and where the public body performs the work without letting a
contract therefor, shall ascertain the prevailing rate of
wages on a per hour basis in the locality, and such public
body shall specify in the resolution or ordinance and in the
call for bids for the contract, that the general prevailing
rate of wages in the locality for each craft or type of
worker or mechanic needed to execute the contract or perform
such work, also the general prevailing rate for legal holiday
and overtime work, as ascertained by the public body or by
the Department of Labor shall be paid for each craft or type
of worker needed to execute the contract or to perform such
work, and it shall be mandatory upon the contractor to whom
the contract is awarded and upon any subcontractor under him,
and where the public body performs the work, upon the public
body, to pay not less than the specified rates to all
laborers, workers and mechanics employed by them in the
execution of the contract or such work; provided, however,
that if the public body desires that the Department of Labor
ascertain the prevailing rate of wages, it shall notify the
Department of Labor to ascertain the general prevailing rate
of hourly wages for work under contract, or for work
performed by a public body without letting a contract as
required in the locality in which the work is to be
performed, for each craft or type of worker or mechanic
needed to execute the contract or project or work to be
performed. Upon such notification the Department of Labor
shall ascertain such general prevailing rate of wages, and
certify the prevailing wage to such public body. The public
body awarding the contract shall cause to be inserted in the
contract a stipulation to the effect that not less than the
prevailing rate of wages as found by the public body or
Department of Labor or determined by the court on review
shall be paid to all laborers, workers and mechanics
performing work under the contract. It shall also require in
all such contractor's bonds that the contractor include such
provision as will guarantee the faithful performance of such
prevailing wage clause as provided by contract. All bid
specifications shall list the specified rates to all
laborers, workers and mechanics in the locality for each
craft or type of worker or mechanic needed to execute the
contract. If the Department of Labor revises the prevailing
rate of hourly wages to be paid by the public body, the
revised rate shall apply to such contract, and the public
body shall be responsible to notify the contractor and each
subcontractor, of the revised rate. Two or more investigatory
hearings under this Section on the issue of establishing a
new prevailing wage classification for a particular craft or
type of worker shall be consolidated in a single hearing
before the Department. Such consolidation shall occur
whether each separate investigatory hearing is conducted by a
public body or the Department. The party requesting a
consolidated investigatory hearing shall have the burden of
establishing that there is no existing prevailing wage
classification for the particular craft or type of worker in
any of the localities under consideration.
It shall be mandatory upon the contractor or construction
manager to whom a contract for public works is awarded to
post, at a location on the project site of the public works
that is easily accessible to the workers engaged on the
project, the prevailing wage rates for each craft or type of
worker or mechanic needed to execute the contract or project
or work to be performed. A failure to post a prevailing wage
rate as required by this Section is a violation of this Act.
(Source: P.A. 92-783, eff. 8-6-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.