SB2140ham004 101ST GENERAL ASSEMBLY

Rep. Lawrence Walsh, Jr.

Filed: 2/6/2020

10100SB2140ham004 LRB101 09757 CPF 69969 a

AMENDMENT TO SENATE BILL 2140

AMENDMENT NO. ______. Amend Senate Bill 2140, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. If and only if Senate Bill 1407 of the 101st General Assembly becomes law in the form in which it passed the Senate, then the Illinois Hazardous Materials Workforce Training Act is amended by changing Section 10 as follows:

(101st G.A., SB1407 Engrossed, Sec. 10)

Section 10. Advanced safety training.

(a) The Department shall develop by rule a curriculum of approved advanced safety training for workers at high hazard facilities. That training shall be available through the Department or instruction may be provided by a community college or United States Department of Labor apprenticeship program. The Department shall approve a curriculum in accordance with this subsection (a) by January 1, 2021, and shall periodically revise the curriculum to reflect current best practices. Upon receipt of certification from the apprenticeship program or community college, the Department shall issue a certificate to a worker who completes the approved training.

(b) An owner or operator, when contracting for the performance of construction work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades.

(c) The requirements of this Section shall not immediately apply to contracts awarded before July January 1, 2020, unless the contract is extended or renewed after that date. Contracts awarded before July January 1, 2020 shall meet the requirements of this Section no later than July January 1, 2021.

(d) The requirements of this Section shall only apply to the skilled and trained workforce, contracted with an owner or operator to perform construction work at the stationary source site.

(e) The skilled and trained workforce requirements under this Section shall not apply to:

(1) Contractors that have requested qualified workers from the local hiring halls that dispatch workers in the apprenticeable occupation and, due to workforce shortages, the contractor is unable to obtain sufficient qualified workers within 48 hours of the request, Saturdays, Sundays, and holidays excepted. This Act shall not prevent contractors from obtaining workers from any source.

(2) An emergency where compliance is impracticable; namely, an emergency requires immediate action to prevent imminent harm to public health or safety or to the environment. Within 14 days of an emergency, the Attorney General's Workers Rights Bureau, in conjunction with the Illinois Department of Labor, must certify that the emergency warranted noncompliance with this Act. The employer must provide necessary documentation of the emergency to the Attorney General's Workers Rights Bureau and the Illinois Department of Labor.

(Source: 101st G.A., SB1407 Engrossed.)

Section 99. Effective date. This Act takes effect upon becoming law, or on the date Senate Bill 1407 of the 101st General Assembly takes effect, whichever is later.".