SB1530 EngrossedLRB101 08495 JRG 53572 b

1    AN ACT concerning regulation.
 
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 the
10private sector through large scale investment and development
11projects, the Department is authorized to receive and approve
12applications for the designation of "High Impact Businesses" in
13Illinois subject to the following conditions:
14        (1) such applications may be submitted at any time
15    during the year;
16        (2) such business is not located, at the time of
17    designation, in an enterprise zone designated pursuant to
18    this Act;
19        (3) the business intends to do one or more of the
20    following:
21            (A) the business intends to make a minimum
22        investment of $12,000,000 which will be placed in
23        service in qualified property and intends to create 500

 

 

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1        full-time equivalent jobs at a designated location in
2        Illinois or intends to make a minimum investment of
3        $30,000,000 which will be placed in service in
4        qualified property and intends to retain 1,500
5        full-time retained jobs at a designated location in
6        Illinois. The business must certify in writing that the
7        investments would not be placed in service in qualified
8        property and the job creation or job retention would
9        not occur without the tax credits and exemptions set
10        forth in subsection (b) of this Section. The terms
11        "placed in service" and "qualified property" have the
12        same meanings as described in subsection (h) of Section
13        201 of the Illinois Income Tax Act; or
14            (B) the business intends to establish a new
15        electric generating facility at a designated location
16        in Illinois. "New electric generating facility", for
17        purposes of this Section, means a newly-constructed
18        electric generation plant or a newly-constructed
19        generation capacity expansion at an existing electric
20        generation plant, including the transmission lines and
21        associated equipment that transfers electricity from
22        points of supply to points of delivery, and for which
23        such new foundation construction commenced not sooner
24        than July 1, 2001. Such facility shall be designed to
25        provide baseload electric generation and shall operate
26        on a continuous basis throughout the year; and (i)

 

 

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1        shall have an aggregate rated generating capacity of at
2        least 1,000 megawatts for all new units at one site if
3        it uses natural gas as its primary fuel and foundation
4        construction of the facility is commenced on or before
5        December 31, 2004, or shall have an aggregate rated
6        generating capacity of at least 400 megawatts for all
7        new units at one site if it uses coal or gases derived
8        from coal as its primary fuel and shall support the
9        creation of at least 150 new Illinois coal mining jobs,
10        or (ii) shall be funded through a federal Department of
11        Energy grant before December 31, 2010 and shall support
12        the creation of Illinois coal-mining jobs, or (iii)
13        shall use coal gasification or integrated
14        gasification-combined cycle units that generate
15        electricity or chemicals, or both, and shall support
16        the creation of Illinois coal-mining jobs. The
17        business must certify in writing that the investments
18        necessary to establish a new electric generating
19        facility would not be placed in service and the job
20        creation in the case of a coal-fueled plant would not
21        occur without the tax credits and exemptions set forth
22        in subsection (b-5) of this Section. The term "placed
23        in service" has the same meaning as described in
24        subsection (h) of Section 201 of the Illinois Income
25        Tax Act; or
26            (B-5) the business intends to establish a new

 

 

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1        gasification facility at a designated location in
2        Illinois. As used in this Section, "new gasification
3        facility" means a newly constructed coal gasification
4        facility that generates chemical feedstocks or
5        transportation fuels derived from coal (which may
6        include, but are not limited to, methane, methanol, and
7        nitrogen fertilizer), that supports the creation or
8        retention of Illinois coal-mining jobs, and that
9        qualifies for financial assistance from the Department
10        before December 31, 2010. A new gasification facility
11        does not include a pilot project located within
12        Jefferson County or within a county adjacent to
13        Jefferson County for synthetic natural gas from coal;
14        or
15            (C) the business intends to establish production
16        operations at a new coal mine, re-establish production
17        operations at a closed coal mine, or expand production
18        at an existing coal mine at a designated location in
19        Illinois not sooner than July 1, 2001; provided that
20        the production operations result in the creation of 150
21        new Illinois coal mining jobs as described in
22        subdivision (a)(3)(B) of this Section, and further
23        provided that the coal extracted from such mine is
24        utilized as the predominant source for a new electric
25        generating facility. The business must certify in
26        writing that the investments necessary to establish a

 

 

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1        new, expanded, or reopened coal mine would not be
2        placed in service and the job creation would not occur
3        without the tax credits and exemptions set forth in
4        subsection (b-5) of this Section. The term "placed in
5        service" has the same meaning as described in
6        subsection (h) of Section 201 of the Illinois Income
7        Tax Act; or
8            (D) the business intends to construct new
9        transmission facilities or upgrade existing
10        transmission facilities at designated locations in
11        Illinois, for which construction commenced not sooner
12        than July 1, 2001. For the purposes of this Section,
13        "transmission facilities" means transmission lines
14        with a voltage rating of 115 kilovolts or above,
15        including associated equipment, that transfer
16        electricity from points of supply to points of delivery
17        and that transmit a majority of the electricity
18        generated by a new electric generating facility
19        designated as a High Impact Business in accordance with
20        this Section. The business must certify in writing that
21        the investments necessary to construct new
22        transmission facilities or upgrade existing
23        transmission facilities would not be placed in service
24        without the tax credits and exemptions set forth in
25        subsection (b-5) of this Section. The term "placed in
26        service" has the same meaning as described in

 

 

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1        subsection (h) of Section 201 of the Illinois Income
2        Tax Act; or
3            (E) the business intends to establish a new wind
4        power facility at a designated location in Illinois.
5        For purposes of this Section, "new wind power facility"
6        means a newly constructed electric generation
7        facility, or a newly constructed expansion of an
8        existing electric generation facility, placed in
9        service on or after July 1, 2009, that generates
10        electricity using wind energy devices, and such
11        facility shall be deemed to include all associated
12        transmission lines, substations, and other equipment
13        related to the generation of electricity from wind
14        energy devices. For purposes of this Section, "wind
15        energy device" means any device, with a nameplate
16        capacity of at least 0.5 megawatts, that is used in the
17        process of converting kinetic energy from the wind to
18        generate electricity; or
19            (F) the business commits to (i) make a minimum
20        investment of $500,000,000, which will be placed in
21        service in a qualified property, (ii) create 125
22        full-time equivalent jobs at a designated location in
23        Illinois, (iii) establish a fertilizer plant at a
24        designated location in Illinois that complies with the
25        set-back standards as described in Table 1: Initial
26        Isolation and Protective Action Distances in the 2012

 

 

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1        Emergency Response Guidebook published by the United
2        States Department of Transportation, (iv) pay a
3        prevailing wage for employees at that location who are
4        engaged in construction activities, and (v) secure an
5        appropriate level of general liability insurance to
6        protect against catastrophic failure of the fertilizer
7        plant or any of its constituent systems; in addition,
8        the business must agree to enter into a construction
9        project labor agreement including provisions
10        establishing wages, benefits, and other compensation
11        for employees performing work under the project labor
12        agreement at that location; for the purposes of this
13        Section, "fertilizer plant" means a newly constructed
14        or upgraded plant utilizing gas used in the production
15        of anhydrous ammonia and downstream nitrogen
16        fertilizer products for resale; for the purposes of
17        this Section, "prevailing wage" means the hourly cash
18        wages plus fringe benefits for training and
19        apprenticeship programs approved by the U.S.
20        Department of Labor, Bureau of Apprenticeship and
21        Training, health and welfare, insurance, vacations and
22        pensions paid generally, in the locality in which the
23        work is being performed, to employees engaged in work
24        of a similar character on public works; this paragraph
25        (F) applies only to businesses that submit an
26        application to the Department within 60 days after July

 

 

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1        25, 2013 (the effective date of Public Act 98-109) this
2        amendatory Act of the 98th General Assembly; or and
3            (G) the business intends to establish a new
4        utility-scale solar facility at a designated location
5        in Illinois. For purposes of this Section, "new
6        utility-scale solar facility" means a newly
7        constructed electric generation facility of greater
8        than 2,000 kilowatts of nameplate capacity, or a newly
9        constructed expansion of greater than 2,000 kilowatts
10        of nameplate capacity of an existing electric
11        generation facility of greater than 2,000 kilowatts of
12        nameplate capacity, placed in service on or after June
13        1, 2017, that generates electricity using photovoltaic
14        cells or panels, and such facility shall be deemed to
15        include all associated inverters, transmission lines,
16        substations, and other equipment related to the
17        generation of electricity from photovoltaic cells or
18        panels; and
19        (4) no later than 90 days after an application is
20    submitted, the Department shall notify the applicant of the
21    Department's determination of the qualification of the
22    proposed High Impact Business under this Section.
23    (b) Businesses designated as High Impact Businesses
24pursuant to subdivision (a)(3)(A) of this Section shall qualify
25for the credits and exemptions described in the following Acts:
26Section 9-222 and Section 9-222.1A of the Public Utilities Act,

 

 

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1subsection (h) of Section 201 of the Illinois Income Tax Act,
2and Section 1d of the Retailers' Occupation Tax Act; provided
3that these credits and exemptions described in these Acts shall
4not be authorized until the minimum investments set forth in
5subdivision (a)(3)(A) of this Section have been placed in
6service in qualified properties and, in the case of the
7exemptions described in the Public Utilities Act and Section 1d
8of the Retailers' Occupation Tax Act, the minimum full-time
9equivalent jobs or full-time retained jobs set forth in
10subdivision (a)(3)(A) of this Section have been created or
11retained. Businesses designated as High Impact Businesses
12under this Section shall also qualify for the exemption
13described in Section 5l of the Retailers' Occupation Tax Act.
14The credit provided in subsection (h) of Section 201 of the
15Illinois Income Tax Act shall be applicable to investments in
16qualified property as set forth in subdivision (a)(3)(A) of
17this Section.
18    (b-5) Businesses designated as High Impact Businesses
19pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
20and (a)(3)(D) of this Section shall qualify for the credits and
21exemptions described in the following Acts: Section 51 of the
22Retailers' Occupation Tax Act, Section 9-222 and Section
239-222.1A of the Public Utilities Act, and subsection (h) of
24Section 201 of the Illinois Income Tax Act; however, the
25credits and exemptions authorized under Section 9-222 and
26Section 9-222.1A of the Public Utilities Act, and subsection

 

 

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1(h) of Section 201 of the Illinois Income Tax Act shall not be
2authorized until the new electric generating facility, the new
3gasification facility, the new transmission facility, or the
4new, expanded, or reopened coal mine is operational, except
5that a new electric generating facility whose primary fuel
6source is natural gas is eligible only for the exemption under
7Section 5l of the Retailers' Occupation Tax Act.
8    (b-6) Businesses designated as High Impact Businesses
9pursuant to subdivision (a)(3)(E) and (a)(3)(G) of this Section
10shall qualify for the exemptions described in Section 5l of the
11Retailers' Occupation Tax Act; any business so designated as a
12High Impact Business being, for purposes of this Section, a
13"Renewable Wind Energy Business".
14    (c) High Impact Businesses located in federally designated
15foreign trade zones or sub-zones are also eligible for
16additional credits, exemptions and deductions as described in
17the following Acts: Section 9-221 and Section 9-222.1 of the
18Public Utilities Act; and subsection (g) of Section 201, and
19Section 203 of the Illinois Income Tax Act.
20    (d) Except for businesses contemplated under subdivision
21(a)(3)(E) and (a)(3)(G) of this Section, existing Illinois
22businesses which apply for designation as a High Impact
23Business must provide the Department with the prospective plan
24for which 1,500 full-time retained jobs would be eliminated in
25the event that the business is not designated.
26    (e) Except for new wind power facilities contemplated under

 

 

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1subdivision (a)(3)(E) and new utility-scale solar facilities
2contemplated under subdivision (a)(3)(G) 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) Except for businesses contemplated under subdivision
9(a)(3)(E) and (a)(3)(G) of this Section, in the event that a
10business is designated a High Impact Business and it is later
11determined after reasonable notice and an opportunity for a
12hearing as provided under the Illinois Administrative
13Procedure Act, that the business would have placed in service
14in qualified property the investments and created or retained
15the requisite number of jobs without the benefits of the High
16Impact Business designation, the Department shall be required
17to immediately revoke the designation and notify the Director
18of the Department of Revenue who shall begin proceedings to
19recover all wrongfully exempted State taxes with interest. The
20business shall also be ineligible for all State funded
21Department programs for a period of 10 years.
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. However, the
25penalties for new wind power facilities, new utility-scale
26solar facilities, or Renewable Wind Energy Businesses for

 

 

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1failure to comply with any of the terms or conditions of the
2Illinois Prevailing Wage Act shall be only those penalties
3identified in the Illinois Prevailing Wage Act, and the
4Department shall not revoke a High Impact Business designation
5as a result of the failure to comply with any of the terms or
6conditions of the Illinois Prevailing Wage Act in relation to a
7new wind power facility, new utility-scale solar facilities, or
8a Renewable Wind Energy Business.
9    (h) Prior to designating a business, the Department shall
10provide the members of the General Assembly and Commission on
11Government Forecasting and Accountability with a report
12setting forth the terms and conditions of the designation and
13guarantees that have been received by the Department in
14relation to the proposed business being designated.
15(Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
 
16    Section 10. The Prevailing Wage Act is amended by changing
17Section 2 as follows:
 
18    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
19    (Text of Section before amendment by P.A. 100-1177)
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

 

 

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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, or
14the 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 Act,
22funds for school infrastructure under Section 6z-45 of the
23State Finance Act, and funds for transportation purposes under
24Section 4 of the General Obligation Bond Act. "Public works"
25also includes (i) all projects financed in whole or in part
26with funds from the Department of Commerce and Economic

 

 

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1Opportunity under the Illinois Renewable Fuels Development
2Program Act for which there is no project labor agreement; (ii)
3all work performed pursuant to a public private agreement under
4the Public Private Agreements for the Illiana Expressway Act or
5the Public-Private Agreements for the South Suburban Airport
6Act; and (iii) all projects undertaken under a public-private
7agreement under the Public-Private Partnerships for
8Transportation Act. "Public works" also includes all projects
9at leased facility property used for airport purposes under
10Section 35 of the Local Government Facility Lease Act. "Public
11works" also includes the construction of a new wind power
12facility by a business designated as a High Impact Business
13under Section 5.5(a)(3)(E) and a new utility-scale solar
14facility under Section 5.5 (a)(3)(G) of the Illinois Enterprise
15Zone Act. "Public works" does not include work done directly by
16any public utility company, whether or not done under public
17supervision or direction, or paid for wholly or in part out of
18public funds. "Public works" also includes any corrective
19action performed pursuant to Title XVI of the Environmental
20Protection Act for which payment from the Underground Storage
21Tank Fund is requested. "Public works" does not include
22projects undertaken by the owner at an owner-occupied
23single-family residence or at an owner-occupied unit of a
24multi-family residence. "Public works" does not include work
25performed for soil and water conservation purposes on
26agricultural lands, whether or not done under public

 

 

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1supervision or paid for wholly or in part out of public funds,
2done directly by an owner or person who has legal control of
3those lands.
4    "Construction" means all work on public works involving
5laborers, workers or mechanics. This includes any maintenance,
6repair, assembly, or disassembly work performed on equipment
7whether owned, leased, or rented.
8    "Locality" means the county where the physical work upon
9public works is performed, except (1) that if there is not
10available in the county a sufficient number of competent
11skilled laborers, workers and mechanics to construct the public
12works efficiently and properly, "locality" includes any other
13county nearest the one in which the work or construction is to
14be performed and from which such persons may be obtained in
15sufficient numbers to perform the work and (2) that, with
16respect to contracts for highway work with the Department of
17Transportation of this State, "locality" may at the discretion
18of the Secretary of the Department of Transportation be
19construed to include two or more adjacent counties from which
20workers may be accessible for work on such construction.
21    "Public body" means the State or any officer, board or
22commission of the State or any political subdivision or
23department thereof, or any institution supported in whole or in
24part by public funds, and includes every county, city, town,
25village, township, school district, irrigation, utility,
26reclamation improvement or other district and every other

 

 

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1political subdivision, district or municipality of the state
2whether such political subdivision, municipality or district
3operates under a special charter or not.
4    The terms "general prevailing rate of hourly wages",
5"general prevailing rate of wages" or "prevailing rate of
6wages" when used in this Act mean the hourly cash wages plus
7annualized fringe benefits for training and apprenticeship
8programs approved by the U.S. Department of Labor, Bureau of
9Apprenticeship and Training, health and welfare, insurance,
10vacations and pensions paid generally, in the locality in which
11the work is being performed, to employees engaged in work of a
12similar character on public works.
13(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
1498-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff.
157-16-14.)
 
16    (Text of Section after amendment by P.A. 100-1177)
17    Sec. 2. This Act applies to the wages of laborers,
18mechanics and other workers employed in any public works, as
19hereinafter defined, by any public body and to anyone under
20contracts for public works. This includes any maintenance,
21repair, assembly, or disassembly work performed on equipment
22whether owned, leased, or rented.
23    As used in this Act, unless the context indicates
24otherwise:
25    "Public works" means all fixed works constructed or

 

 

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1demolished by any public body, or paid for wholly or in part
2out of public funds. "Public works" as defined herein includes
3all projects financed in whole or in part with bonds, grants,
4loans, or other funds made available by or through the State or
5any of its political subdivisions, including but not limited
6to: bonds issued under the Industrial Project Revenue Bond Act
7(Article 11, Division 74 of the Illinois Municipal Code), the
8Industrial Building Revenue Bond Act, the Illinois Finance
9Authority Act, the Illinois Sports Facilities Authority Act, or
10the Build Illinois Bond Act; loans or other funds made
11available pursuant to the Build Illinois Act; loans or other
12funds made available pursuant to the Riverfront Development
13Fund under Section 10-15 of the River Edge Redevelopment Zone
14Act; or funds from the Fund for Illinois' Future under Section
156z-47 of the State Finance Act, funds for school construction
16under Section 5 of the General Obligation Bond Act, funds
17authorized under Section 3 of the School Construction Bond Act,
18funds for school infrastructure under Section 6z-45 of the
19State Finance Act, and funds for transportation purposes under
20Section 4 of the General Obligation Bond Act. "Public works"
21also includes (i) all projects financed in whole or in part
22with funds from the Department of Commerce and Economic
23Opportunity under the Illinois Renewable Fuels Development
24Program Act for which there is no project labor agreement; (ii)
25all work performed pursuant to a public private agreement under
26the Public Private Agreements for the Illiana Expressway Act or

 

 

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1the Public-Private Agreements for the South Suburban Airport
2Act; and (iii) all projects undertaken under a public-private
3agreement under the Public-Private Partnerships for
4Transportation Act. "Public works" also includes all projects
5at leased facility property used for airport purposes under
6Section 35 of the Local Government Facility Lease Act. "Public
7works" also includes the construction of a new wind power
8facility by a business designated as a High Impact Business
9under Section 5.5(a)(3)(E) and a new utility-scale solar
10facility under Section 5.5 (a)(3)(G) of the Illinois Enterprise
11Zone Act. "Public works" does not include work done directly by
12any public utility company, whether or not done under public
13supervision or direction, or paid for wholly or in part out of
14public funds. "Public works" also includes any corrective
15action performed pursuant to Title XVI of the Environmental
16Protection Act for which payment from the Underground Storage
17Tank Fund is requested. "Public works" does not include
18projects undertaken by the owner at an owner-occupied
19single-family residence or at an owner-occupied unit of a
20multi-family residence. "Public works" does not include work
21performed for soil and water conservation purposes on
22agricultural lands, whether or not done under public
23supervision or paid for wholly or in part out of public funds,
24done directly by an owner or person who has legal control of
25those lands.
26    "Construction" means all work on public works involving

 

 

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1laborers, workers or mechanics. This includes any maintenance,
2repair, assembly, or disassembly work performed on equipment
3whether owned, leased, or rented.
4    "Locality" means the county where the physical work upon
5public works is performed, except (1) that if there is not
6available in the county a sufficient number of competent
7skilled laborers, workers and mechanics to construct the public
8works efficiently and properly, "locality" includes any other
9county nearest the one in which the work or construction is to
10be performed and from which such persons may be obtained in
11sufficient numbers to perform the work and (2) that, with
12respect to contracts for highway work with the Department of
13Transportation of this State, "locality" may at the discretion
14of the Secretary of the Department of Transportation be
15construed to include two or more adjacent counties from which
16workers may be accessible for work on such construction.
17    "Public body" means the State or any officer, board or
18commission of the State or any political subdivision or
19department thereof, or any institution supported in whole or in
20part by public funds, and includes every county, city, town,
21village, township, school district, irrigation, utility,
22reclamation improvement or other district and every other
23political subdivision, district or municipality of the state
24whether such political subdivision, municipality or district
25operates under a special charter or not.
26    "Labor organization" means an organization that is the

 

 

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1exclusive representative of an employer's employees recognized
2or certified pursuant to the National Labor Relations Act.
3    The terms "general prevailing rate of hourly wages",
4"general prevailing rate of wages" or "prevailing rate of
5wages" when used in this Act mean the hourly cash wages plus
6annualized fringe benefits for training and apprenticeship
7programs approved by the U.S. Department of Labor, Bureau of
8Apprenticeship and Training, health and welfare, insurance,
9vacations and pensions paid generally, in the locality in which
10the work is being performed, to employees engaged in work of a
11similar character on public works.
12(Source: P.A. 100-1177, eff. 6-1-19.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.