104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3282

 

Introduced 2/3/2026, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 655/5.5  from Ch. 67 1/2, par. 609.1
820 ILCS 130/2

    Amends the Illinois Enterprise Zone Act. Provides that Department of Commerce and Economic Opportunity may designate a business that intends to establish a new wind power facility or a utility-scale solar facility as a high impact business only if the municipality in which the facility will be located (or the county in which the facility will be located, if the facility will be located in an unincorporated area of the county) approves, in writing, the designation of the business as a high impact business. Makes conforming changes. Amends the Prevailing Wage Act to make conforming changes. Effective immediately.


LRB104 19264 HLH 32710 b

 

 

A BILL FOR

 

SB3282LRB104 19264 HLH 32710 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Enterprise Zone Act is amended by
5changing Section 5.5 as follows:
 
6    (20 ILCS 655/5.5)  (from Ch. 67 1/2, par. 609.1)
7    Sec. 5.5. High Impact Business.
8    (a) In order to respond to unique opportunities to assist
9in the encouragement, development, growth, and expansion of
10the private sector through large-scale large scale investment
11and development projects, the Department is authorized to
12receive and approve applications for the designation of "High
13Impact Businesses" in Illinois, for an initial term of 20
14years with an option for renewal for a term not to exceed 20
15years, subject to the following conditions:
16        (1) such applications may be submitted at any time
17    during the year;
18        (2) such business is not located, at the time of
19    designation, in an enterprise zone designated pursuant to
20    this Act, except for grocery stores, as defined in the
21    Grocery Initiative Act, and a new battery energy storage
22    solution facility, as defined by subparagraph (I) of
23    paragraph (3) of this subsection (a);

 

 

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1        (3) the business intends to do, commits to do, or is
2    one or more of the following:
3            (A) the business intends to make a minimum
4        investment of $12,000,000 which will be placed in
5        service in qualified property and intends to create
6        500 full-time equivalent jobs at a designated location
7        in Illinois or intends to make a minimum investment of
8        $30,000,000 which will be placed in service in
9        qualified property and intends to retain 1,500
10        full-time retained jobs at a designated location in
11        Illinois. The terms "placed in service" and "qualified
12        property" have the same meanings as described in
13        subsection (h) of Section 201 of the Illinois Income
14        Tax Act; or
15            (B) the business intends to establish a new
16        electric generating facility at a designated location
17        in Illinois. "New electric generating facility", for
18        purposes of this Section, means a newly constructed
19        electric generation plant or a newly constructed
20        generation capacity expansion at an existing electric
21        generation plant, including the transmission lines and
22        associated equipment that transfers electricity from
23        points of supply to points of delivery, and for which
24        such new foundation construction commenced not sooner
25        than July 1, 2001. Such facility shall be designed to
26        provide baseload electric generation and shall operate

 

 

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1        on a continuous basis throughout the year; and (i)
2        shall have an aggregate rated generating capacity of
3        at least 1,000 megawatts for all new units at one site
4        if it uses natural gas as its primary fuel and
5        foundation construction of the facility is commenced
6        on or before December 31, 2004, or shall have an
7        aggregate rated generating capacity of at least 400
8        megawatts for all new units at one site if it uses coal
9        or gases derived from coal as its primary fuel and
10        shall support the creation of at least 150 new
11        Illinois coal mining jobs, or (ii) shall be funded
12        through a federal Department of Energy grant before
13        December 31, 2010 and shall support the creation of
14        Illinois coal mining jobs, or (iii) shall use coal
15        gasification or integrated gasification-combined cycle
16        units that generate electricity or chemicals, or both,
17        and shall support the creation of Illinois coal mining
18        jobs. The term "placed in service" has the same
19        meaning as described in subsection (h) of Section 201
20        of the Illinois Income Tax Act; or
21            (B-5) the business intends to establish a new
22        gasification facility at a designated location in
23        Illinois. As used in this Section, "new gasification
24        facility" means a newly constructed coal gasification
25        facility that generates chemical feedstocks or
26        transportation fuels derived from coal (which may

 

 

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1        include, but are not limited to, methane, methanol,
2        and nitrogen fertilizer), that supports the creation
3        or retention of Illinois coal mining jobs, and that
4        qualifies for financial assistance from the Department
5        before December 31, 2010. A new gasification facility
6        does not include a pilot project located within
7        Jefferson County or within a county adjacent to
8        Jefferson County for synthetic natural gas from coal;
9        or
10            (C) the business intends to establish production
11        operations at a new coal mine, re-establish production
12        operations at a closed coal mine, or expand production
13        at an existing coal mine at a designated location in
14        Illinois not sooner than July 1, 2001; provided that
15        the production operations result in the creation of
16        150 new Illinois coal mining jobs as described in
17        subdivision (a)(3)(B) of this Section, and further
18        provided that the coal extracted from such mine is
19        utilized as the predominant source for a new electric
20        generating facility. The term "placed in service" has
21        the same meaning as described in subsection (h) of
22        Section 201 of the Illinois Income Tax Act; or
23            (D) the business intends to construct new
24        transmission facilities or upgrade existing
25        transmission facilities at designated locations in
26        Illinois, for which construction commenced not sooner

 

 

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1        than July 1, 2001. For the purposes of this Section,
2        "transmission facilities" means transmission lines
3        with a voltage rating of 115 kilovolts or above,
4        including associated equipment, that transfer
5        electricity from points of supply to points of
6        delivery and that transmit a majority of the
7        electricity generated by a new electric generating
8        facility designated as a High Impact Business in
9        accordance with this Section. The term "placed in
10        service" has the same meaning as described in
11        subsection (h) of Section 201 of the Illinois Income
12        Tax Act; or
13            (E) the business intends to establish a new wind
14        power facility at a designated location in Illinois
15        and the municipality in which the wind power facility
16        will be located (or the county in which the wind power
17        facility will be located, if the facility will be
18        located in an unincorporated area of the county)
19        approves, in writing, the designation of the business
20        as a high impact business. For purposes of this
21        Section, "new wind power facility" means a newly
22        constructed electric generation facility, a newly
23        constructed expansion of an existing electric
24        generation facility, or the replacement of an existing
25        electric generation facility, including the demolition
26        and removal of an electric generation facility

 

 

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1        irrespective of whether it will be replaced, placed in
2        service or replaced on or after July 1, 2009, that
3        generates electricity using wind energy devices, and
4        such facility shall be deemed to include any permanent
5        structures associated with the electric generation
6        facility and all associated transmission lines,
7        substations, and other equipment related to the
8        generation of electricity from wind energy devices.
9        For purposes of this Section, "wind energy device"
10        means any device, with a nameplate capacity of at
11        least 0.5 megawatts, that is used in the process of
12        converting kinetic energy from the wind to generate
13        electricity; or
14            (E-5) the business intends to establish a new
15        utility-scale solar facility at a designated location
16        in Illinois and the municipality in which the solar
17        facility will be located (or the county in which the
18        solar facility will be located, if the facility will
19        be located in an unincorporated area of the county)
20        approves, in writing, the designation of the business
21        as a high impact business. For purposes of this
22        Section, "new utility-scale solar power facility"
23        means a newly constructed electric generation
24        facility, or a newly constructed expansion of an
25        existing electric generation facility, placed in
26        service on or after July 1, 2021, that (i) generates

 

 

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1        electricity using photovoltaic cells and (ii) has a
2        nameplate capacity that is greater than 5,000
3        kilowatts, and such facility shall be deemed to
4        include all associated transmission lines,
5        substations, energy storage facilities, and other
6        equipment related to the generation and storage of
7        electricity from photovoltaic cells; or
8            (F) the business commits to (i) make a minimum
9        investment of $500,000,000, which will be placed in
10        service in a qualified property, (ii) create 125
11        full-time equivalent jobs at a designated location in
12        Illinois, (iii) establish a fertilizer plant at a
13        designated location in Illinois that complies with the
14        set-back standards as described in Table 1: Initial
15        Isolation and Protective Action Distances in the 2012
16        Emergency Response Guidebook published by the United
17        States Department of Transportation, (iv) pay a
18        prevailing wage for employees at that location who are
19        engaged in construction activities, and (v) secure an
20        appropriate level of general liability insurance to
21        protect against catastrophic failure of the fertilizer
22        plant or any of its constituent systems; in addition,
23        the business must agree to enter into a construction
24        project labor agreement including provisions
25        establishing wages, benefits, and other compensation
26        for employees performing work under the project labor

 

 

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1        agreement at that location; for the purposes of this
2        Section, "fertilizer plant" means a newly constructed
3        or upgraded plant utilizing gas used in the production
4        of anhydrous ammonia and downstream nitrogen
5        fertilizer products for resale; for the purposes of
6        this Section, "prevailing wage" means the hourly cash
7        wages plus fringe benefits for training and
8        apprenticeship programs approved by the U.S.
9        Department of Labor, Bureau of Apprenticeship and
10        Training, health and welfare, insurance, vacations and
11        pensions paid generally, in the locality in which the
12        work is being performed, to employees engaged in work
13        of a similar character on public works; this paragraph
14        (F) applies only to businesses that submit an
15        application to the Department within 60 days after
16        July 25, 2013 (the effective date of Public Act
17        98-109); or
18            (G) the business intends to establish a new
19        cultured cell material food production facility at a
20        designated location in Illinois. As used in this
21        paragraph (G):
22            "Cultured cell material food production facility"
23        means a facility (i) at which cultured animal cell
24        food is developed using animal cell culture
25        technology, (ii) at which production processes occur
26        that include the establishment of cell lines and cell

 

 

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1        banks, manufacturing controls, and all components and
2        inputs, and (iii) that complies with all existing
3        registrations, inspections, licensing, and approvals
4        from all applicable and participating State and
5        federal food agencies, including the Department of
6        Agriculture, the Department of Public Health, and the
7        United States Food and Drug Administration, to ensure
8        that all food production is safe and lawful under
9        provisions of the Federal Food, Drug and Cosmetic Act
10        related to the development, production, and storage of
11        cultured animal cell food.
12            "New cultured cell material food production
13        facility" means a newly constructed cultured cell
14        material food production facility that is placed in
15        service on or after June 7, 2023 (the effective date of
16        Public Act 103-9) or a newly constructed expansion of
17        an existing cultured cell material food production
18        facility, in a controlled environment, when the
19        improvements are placed in service on or after June 7,
20        2023 (the effective date of Public Act 103-9); or
21            (H) the business is an existing or planned grocery
22        store, as that term is defined in Section 5 of the
23        Grocery Initiative Act, and receives financial support
24        under that Act within the 10 years before submitting
25        its application under this Act; or
26            (I) the business intends to establish a new

 

 

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1        battery energy storage solution facility at a
2        designated location in Illinois. As used in this
3        paragraph (I):
4            "New battery energy storage solution facility"
5        means a newly constructed battery energy storage
6        facility, a newly constructed expansion of an existing
7        battery energy storage facility, or the replacement of
8        an existing battery energy storage facility that
9        stores electricity using battery devices and other
10        means. "New battery energy storage solution facility"
11        includes any permanent structures associated with the
12        new battery energy storage facility and all associated
13        transmission lines, substations, and other equipment
14        that is related to the storage and transmission of
15        electric power and that has a capacity of not less than
16        20 megawatt and storage capability of not less than 40
17        megawatt hours of energy; or
18            (J) the business intends to construct a new high
19        voltage direct current converter station at a
20        designated location in Illinois. As used in this
21        paragraph, "high voltage direct current converter
22        station" has the same meaning given to that term in
23        Section 1-10 of the Illinois Power Agency Act; or
24            (K) the business intends to construct a new high
25        voltage direct current converter station facility at a
26        designated location in Illinois. As used in this

 

 

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1        paragraph, "high voltage direct current converter
2        station" has the same meaning given to that term in
3        Section 1-10 of the Illinois Power Agency Act; and
4        (4) no later than 90 days after an application is
5    submitted, the Department shall notify the applicant of
6    the Department's determination of the qualification of the
7    proposed High Impact Business under this Section.
8    (b) Businesses designated as High Impact Businesses
9pursuant to subdivision (a)(3)(A) of this Section shall
10qualify for the credits and exemptions described in the
11following Acts: Section 9-222 and Section 9-222.1A of the
12Public Utilities Act, subsection (h) of Section 201 of the
13Illinois Income Tax Act, and Section 1d of the Retailers'
14Occupation Tax Act; provided that these credits and exemptions
15described in these Acts shall not be authorized until the
16minimum investments set forth in subdivision (a)(3)(A) of this
17Section have been placed in service in qualified properties
18and, in the case of the exemptions described in the Public
19Utilities Act and Section 1d of the Retailers' Occupation Tax
20Act, the minimum full-time equivalent jobs or full-time
21retained jobs set forth in subdivision (a)(3)(A) of this
22Section have been created or retained. Businesses designated
23as High Impact Businesses under this Section shall also
24qualify for the exemption described in Section 5l of the
25Retailers' Occupation Tax Act. The credit provided in
26subsection (h) of Section 201 of the Illinois Income Tax Act

 

 

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1shall be applicable to investments in qualified property as
2set forth in subdivision (a)(3)(A) of this Section.
3    (b-5) Businesses designated as High Impact Businesses
4pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
5(a)(3)(D), (a)(3)(G), (a)(3)(H), and (a)(3)(K) of this Section
6shall qualify for the credits and exemptions described in the
7following Acts: Section 51 of the Retailers' Occupation Tax
8Act, Section 9-222 and Section 9-222.1A of the Public
9Utilities Act, and subsection (h) of Section 201 of the
10Illinois Income Tax Act; however, the credits and exemptions
11authorized under Section 9-222 and Section 9-222.1A of the
12Public Utilities Act, and subsection (h) of Section 201 of the
13Illinois Income Tax Act shall not be authorized until the new
14electric generating facility, the new gasification facility,
15the new transmission facility, the new, expanded, or reopened
16coal mine, the new cultured cell material food production
17facility, or the existing or planned grocery store is
18operational, except that a new electric generating facility
19whose primary fuel source is natural gas is eligible only for
20the exemption under Section 5l of the Retailers' Occupation
21Tax Act.
22    (b-6) Businesses designated as High Impact Businesses on
23or before the effective date of this amendatory Act of the
24104th General Assembly pursuant to subdivision (a)(3)(E),
25(a)(3)(E-5), (A)(3)(I), or (a)(3)(J) of this Section shall
26qualify for the exemptions described in Section 5l of the

 

 

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1Retailers' Occupation Tax Act; any business so designated as a
2High Impact Business being, for purposes of this Section, a
3"Wind Energy Business".
4    (b-7) Beginning on January 1, 2021, businesses designated
5as High Impact Businesses by the Department shall qualify for
6the High Impact Business construction jobs credit under
7subsection (h-5) of Section 201 of the Illinois Income Tax Act
8if the business meets the criteria set forth in subsection (i)
9of this Section. The total aggregate amount of credits awarded
10under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
11shall not exceed $20,000,000 in any State fiscal year.
12    (c) High Impact Businesses located in federally designated
13foreign trade zones or sub-zones are also eligible for
14additional credits, exemptions and deductions as described in
15the following Acts: Section 9-221 and Section 9-222.1 of the
16Public Utilities Act; and subsection (g) of Section 201, and
17Section 203 of the Illinois Income Tax Act.
18    (d) Existing Except for businesses contemplated under
19subdivision (a)(3)(E), (a)(3)(E-5), (a)(3)(G), (a)(3)(H),
20(A)(3)(I), (a)(3)(J), or (a)(3)(K) of this Section, existing
21Illinois businesses which apply for designation as a High
22Impact Business must provide the Department with the
23prospective plan for which 1,500 full-time retained jobs would
24be eliminated in the event that the business is not
25designated.
26    (e) New Except for new businesses contemplated under

 

 

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1subdivision (a)(3)(E), subdivision (a)(3)(G), subdivision
2(a)(3)(H), or subdivision (a)(3)(J) of this Section, new
3proposed facilities which apply for designation as High Impact
4Business must provide the Department with proof of alternative
5non-Illinois sites which would receive the proposed investment
6and job creation in the event that the business is not
7designated as a High Impact Business.
8    (f) If Except for businesses contemplated under
9subdivision (a)(3)(E), subdivision (a)(3)(G), subdivision
10(a)(3)(H), subdivision (a)(3)(J), or (a)(3)(K) of this
11Section, in the event that a business is designated a High
12Impact Business and it is later determined after reasonable
13notice and an opportunity for a hearing as provided under the
14Illinois Administrative Procedure Act, that the business would
15have placed in service in qualified property the investments
16and created or retained the requisite number of jobs without
17the benefits of the High Impact Business designation, the
18Department shall be required to immediately revoke the
19designation and notify the Director of the Department of
20Revenue who shall begin proceedings to recover all wrongfully
21exempted State taxes with interest.
22    (g) The Department shall revoke a High Impact Business
23designation if the participating business fails to comply with
24the terms and conditions of the designation.
25    (h) Prior to designating a business, the Department shall
26provide the members of the General Assembly and Commission on

 

 

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1Government Forecasting and Accountability with a report
2setting forth the terms and conditions of the designation and
3guarantees that have been received by the Department in
4relation to the proposed business being designated.
5    (i) High Impact Business construction jobs credit.
6Beginning on January 1, 2021, a High Impact Business may
7receive a tax credit against the tax imposed under subsections
8(a) and (b) of Section 201 of the Illinois Income Tax Act in an
9amount equal to 50% of the amount of the incremental income tax
10attributable to High Impact Business construction jobs credit
11employees employed in the course of completing a High Impact
12Business construction jobs project. However, the High Impact
13Business construction jobs credit may equal 75% of the amount
14of the incremental income tax attributable to High Impact
15Business construction jobs credit employees if the High Impact
16Business construction jobs credit project is located in an
17underserved area.
18    The Department shall certify to the Department of Revenue:
19(1) the identity of taxpayers that are eligible for the High
20Impact Business construction jobs credit; and (2) the amount
21of High Impact Business construction jobs credits that are
22claimed pursuant to subsection (h-5) of Section 201 of the
23Illinois Income Tax Act in each taxable year.
24    As used in this subsection (i):
25    "High Impact Business construction jobs credit" means an
26amount equal to 50% (or 75% if the High Impact Business

 

 

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1construction project is located in an underserved area) of the
2incremental income tax attributable to High Impact Business
3construction job employees. The total aggregate amount of
4credits awarded under the Blue Collar Jobs Act (Article 20 of
5Public Act 101-9) shall not exceed $20,000,000 in any State
6fiscal year
7    "High Impact Business construction job employee" means a
8laborer or worker who is employed by a contractor or
9subcontractor in the actual construction work on the site of a
10High Impact Business construction job project.
11    "High Impact Business construction jobs project" means
12building a structure or building or making improvements of any
13kind to real property, undertaken and commissioned by a
14business that was designated as a High Impact Business by the
15Department. The term "High Impact Business construction jobs
16project" does not include the routine operation, routine
17repair, or routine maintenance of existing structures,
18buildings, or real property.
19    "Incremental income tax" means the total amount withheld
20during the taxable year from the compensation of High Impact
21Business construction job employees.
22    "Underserved area" means a geographic area that meets one
23or more of the following conditions:
24        (1) the area has a poverty rate of at least 20%
25    according to the latest American Community Survey;
26        (2) 35% or more of the families with children in the

 

 

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1    area are living below 130% of the poverty line, according
2    to the latest American Community Survey;
3        (3) at least 20% of the households in the area receive
4    assistance under the Supplemental Nutrition Assistance
5    Program (SNAP); or
6        (4) the area has an average unemployment rate, as
7    determined by the Illinois Department of Employment
8    Security, that is more than 120% of the national
9    unemployment average, as determined by the U.S. Department
10    of Labor, for a period of at least 2 consecutive calendar
11    years preceding the date of the application.
12    (j) (Blank).
13    (j-5) Annually, until construction is completed, a company
14seeking High Impact Business Construction Job credits shall
15submit a report that, at a minimum, describes the projected
16project scope, timeline, and anticipated budget. Once the
17project has commenced, the annual report shall include actual
18data for the prior year as well as projections for each
19additional year through completion of the project. The
20Department shall issue detailed reporting guidelines
21prescribing the requirements of construction-related reports.
22    In order to receive credit for construction expenses, the
23company must provide the Department with evidence that a
24certified third-party executed an Agreed-Upon Procedure (AUP)
25verifying the construction expenses or accept the standard
26construction wage expense estimated by the Department.

 

 

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1    Upon review of the final project scope, timeline, budget,
2and AUP, the Department shall issue a tax credit certificate
3reflecting a percentage of the total construction job wages
4paid throughout the completion of the project.
5    (k) Upon 7 business days' notice, each taxpayer shall make
6available to each State agency and to federal, State, or local
7law enforcement agencies and prosecutors for inspection and
8copying at a location within this State during reasonable
9hours, the report under subsection (j-5).
10    (l) The changes made to this Section by Public Act
11102-1125, other than the changes in subsection (a), apply to
12High Impact Businesses that submit applications on or after
13February 3, 2023 (the effective date of Public Act 102-1125).
14(Source: P.A. 103-9, eff. 6-7-23; 103-561, eff. 1-1-24;
15103-595, eff. 6-26-24; 103-605, eff. 7-1-24; 103-1066, eff.
162-20-25; 104-6, eff. 6-16-25; revised 12-12-25.)
 
17    Section 10. The Prevailing Wage Act is amended by changing
18Section 2 as follows:
 
19    (820 ILCS 130/2)
20    Sec. 2. This Act applies to the wages of laborers,
21mechanics, and other workers employed in any public works, as
22hereinafter defined, by any public body and to anyone under
23contracts for public works. This includes any maintenance,
24repair, assembly, or disassembly work performed on equipment

 

 

SB3282- 19 -LRB104 19264 HLH 32710 b

1whether owned, leased, or rented.
2    As used in this Act, unless the context indicates
3otherwise:
4    "Public works" means all fixed works constructed or
5demolished by any public body, or paid for wholly or in part
6out of public funds. "Public works" as defined herein includes
7all projects financed in whole or in part with bonds, grants,
8loans, or other funds made available by or through the State or
9any of its political subdivisions, including, but not limited
10to: bonds issued under the Industrial Project Revenue Bond Act
11(Article 11, Division 74 of the Illinois Municipal Code), the
12Industrial Building Revenue Bond Act, the Illinois Finance
13Authority Act, the Illinois Sports Facilities Authority Act,
14or the Build Illinois Bond Act; loans or other funds made
15available pursuant to the Build Illinois Act; loans or other
16funds made available pursuant to the Riverfront Development
17Fund under Section 10-15 of the River Edge Redevelopment Zone
18Act; or funds from the Fund for Illinois' Future under Section
196z-47 of the State Finance Act, funds for school construction
20under Section 5 of the General Obligation Bond Act, funds
21authorized under Section 3 of the School Construction Bond
22Act, funds for school infrastructure under Section 6z-45 of
23the State Finance Act, and funds for transportation purposes
24under Section 4 of the General Obligation Bond Act. "Public
25works" also includes all federal construction projects
26administered or controlled by a public body if the prevailing

 

 

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1rate of wages is equal to or greater than the prevailing wage
2determination by the United States Secretary of Labor for the
3same locality for the same type of construction used to
4classify the federal construction project. "Public works" also
5includes (i) all projects financed in whole or in part with
6funds from the Environmental Protection Agency under the
7Illinois Renewable Fuels Development Program Act for which
8there is no project labor agreement; (ii) all work performed
9pursuant to a public private agreement under the Public
10Private Agreements for the Illiana Expressway Act or the
11Public-Private Agreements for the South Suburban Airport Act;
12(iii) all projects undertaken under a public-private agreement
13under the Public-Private Partnerships for Transportation Act
14or the Department of Natural Resources World Shooting and
15Recreational Complex Act; and (iv) all transportation
16facilities undertaken under a design-build contract or a
17Construction Manager/General Contractor contract under the
18Innovations for Transportation Infrastructure Act. "Public
19works" also includes all projects at leased facility property
20used for airport purposes under Section 35 of the Local
21Government Facility Lease Act. "Public works" also includes
22the construction of a new wind power facility by a business
23designated on or before the effective date of this amendatory
24Act of the 104th General Assembly as a High Impact Business or
25under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone
26Act, the construction of a new utility-scale solar power

 

 

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1facility by a business designated on or before the effective
2date of this amendatory Act of the 104th General Assembly as a
3High Impact Business under Section 5.5(a)(3)(E-5) of the
4Illinois Enterprise Zone Act, the construction of a new
5battery energy storage solution facility by a business
6designated as a High Impact Business under Section
75.5(a)(3)(I) of the Illinois Enterprise Zone Act, and the
8construction of a high voltage direct current converter
9station by a business designated as a High Impact Business
10under Section 5.5(a)(3)(J) of the Illinois Enterprise Zone
11Act. "Public works" also includes electric vehicle charging
12station projects financed pursuant to the Electric Vehicle Act
13and renewable energy projects required to pay the prevailing
14wage pursuant to the Illinois Power Agency Act. "Public works"
15also includes power washing projects by a public body or paid
16for wholly or in part out of public funds in which steam or
17pressurized water, with or without added abrasives or
18chemicals, is used to remove paint or other coatings, oils or
19grease, corrosion, or debris from a surface or to prepare a
20surface for a coating. "Public works" also includes all
21electric transmission systems projects subject to the Electric
22Transmission Systems Construction Standards Act. "Public
23works" does not include work done directly by any public
24utility company, whether or not done under public supervision
25or direction, or paid for wholly or in part out of public
26funds. "Public works" also includes construction projects

 

 

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1performed by a third party contracted by any public utility,
2as described in subsection (a) of Section 2.1, in public
3rights-of-way, as defined in Section 21-201 of the Public
4Utilities Act, whether or not done under public supervision or
5direction, or paid for wholly or in part out of public funds.
6"Public works" also includes construction projects that exceed
715 aggregate miles of new fiber optic cable, performed by a
8third party contracted by any public utility, as described in
9subsection (b) of Section 2.1, in public rights-of-way, as
10defined in Section 21-201 of the Public Utilities Act, whether
11or not done under public supervision or direction, or paid for
12wholly or in part out of public funds. "Public works" also
13includes any corrective action performed pursuant to Title XVI
14of the Environmental Protection Act for which payment from the
15Underground Storage Tank Fund is requested. "Public works"
16also includes all construction projects involving fixtures or
17permanent attachments affixed to light poles that are owned by
18a public body, including street light poles, traffic light
19poles, and other lighting fixtures, whether or not done under
20public supervision or direction, or paid for wholly or in part
21out of public funds, unless the project is performed by
22employees employed directly by the public body. "Public works"
23also includes work performed subject to the Mechanical
24Insulation Energy and Safety Assessment Act. "Public works"
25also includes the removal, hauling, and transportation of
26biosolids, lime sludge, and lime residue from a water

 

 

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1treatment plant or facility and the disposal of biosolids,
2lime sludge, and lime residue removed from a water treatment
3plant or facility at a landfill. "Public works" also includes
4sewer inspection projects that use a closed-circuit television
5to identify issues in a sewer system, such as cracks in pipes,
6root intrusion, blockages, or other structural damage. "Public
7works" does not include projects undertaken by the owner at an
8owner-occupied single-family residence or at an owner-occupied
9unit of a multi-family residence. "Public works" does not
10include work performed for soil and water conservation
11purposes on agricultural lands, whether or not done under
12public supervision or paid for wholly or in part out of public
13funds, done directly by an owner or person who has legal
14control of those lands.
15    "Construction" means all work on public works involving
16laborers, workers or mechanics. This includes any maintenance,
17repair, assembly, or disassembly work performed on equipment
18whether owned, leased, or rented.
19    "Locality" means the county where the physical work upon
20public works is performed, except (1) that if there is not
21available in the county a sufficient number of competent
22skilled laborers, workers and mechanics to construct the
23public works efficiently and properly, "locality" includes any
24other county nearest the one in which the work or construction
25is to be performed and from which such persons may be obtained
26in sufficient numbers to perform the work and (2) that, with

 

 

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1respect to contracts for highway work with the Department of
2Transportation of this State, "locality" may at the discretion
3of the Secretary of the Department of Transportation be
4construed to include two or more adjacent counties from which
5workers may be accessible for work on such construction.
6    "Public body" means the State or any officer, board or
7commission of the State or any political subdivision or
8department thereof, or any institution supported in whole or
9in part by public funds, and includes every county, city,
10town, village, township, school district, irrigation, utility,
11reclamation improvement or other district and every other
12political subdivision, district or municipality of the state
13whether such political subdivision, municipality or district
14operates under a special charter or not.
15    "Labor organization" means an organization that is the
16exclusive representative of an employer's employees recognized
17or certified pursuant to the National Labor Relations Act.
18    The terms "general prevailing rate of hourly wages",
19"general prevailing rate of wages" or "prevailing rate of
20wages" when used in this Act mean the hourly cash wages plus
21full journeyman annualized fringe benefits for training and
22apprenticeship programs registered with the Office of
23Apprenticeship within the U.S. Department of Labor's
24Employment and Training Administration with full journeymen
25annualized fringe benefits for health and welfare, insurance,
26vacations, and pensions paid generally, in the locality in

 

 

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1which the work is being performed, to employees engaged in
2work of a similar character on public works.
3(Source: P.A. 103-8, eff. 6-7-23; 103-327, eff. 1-1-24;
4103-346, eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff.
58-4-23; 103-605, eff. 7-1-24; 103-1066, eff. 2-20-25; 104-17,
6eff. 7-1-26 (see Section 35-5 of P.A. 104-434 for effective
7date of P.A. 104-17); 104-23, eff. 6-30-25; 104-160, eff.
88-14-25; revised 12-2-25.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.