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1 | AN ACT concerning employment. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Prevailing Wage Act is amended by changing | |||||||||||||||||||
5 | Section 2 as follows: | |||||||||||||||||||
6 | (820 ILCS 130/2) | |||||||||||||||||||
7 | Sec. 2. This Act applies to the wages of laborers, | |||||||||||||||||||
8 | mechanics and other workers employed in any public works, as | |||||||||||||||||||
9 | hereinafter defined, by any public body and to anyone under | |||||||||||||||||||
10 | contracts for public works. This includes any maintenance, | |||||||||||||||||||
11 | repair, assembly, or disassembly work performed on equipment | |||||||||||||||||||
12 | whether owned, leased, or rented. | |||||||||||||||||||
13 | As used in this Act, unless the context indicates | |||||||||||||||||||
14 | otherwise: | |||||||||||||||||||
15 | "Public works" means all fixed works constructed or | |||||||||||||||||||
16 | demolished by any public body, or paid for wholly or in part | |||||||||||||||||||
17 | out of public funds. | |||||||||||||||||||
18 | "Public works" as defined herein includes : | |||||||||||||||||||
19 | (1) all projects financed in whole or in part with | |||||||||||||||||||
20 | bonds, grants, loans, or other funds made available by or | |||||||||||||||||||
21 | through the State or any of its political subdivisions, | |||||||||||||||||||
22 | including but not limited to: bonds issued under the | |||||||||||||||||||
23 | Industrial Project Revenue Bond Act (Article 11, Division |
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1 | 74 of the Illinois Municipal Code), the Industrial | ||||||
2 | Building Revenue Bond Act, the Illinois Finance Authority | ||||||
3 | Act, the Illinois Sports Facilities Authority Act, or the | ||||||
4 | Build Illinois Bond Act; loans or other funds made | ||||||
5 | available pursuant to the Build Illinois Act; loans or | ||||||
6 | other funds made available pursuant to the Riverfront | ||||||
7 | Development Fund under Section 10-15 of the River Edge | ||||||
8 | Redevelopment Zone Act; or funds from the Fund for | ||||||
9 | Illinois' Future under Section 6z-47 of the State Finance | ||||||
10 | Act, funds for school construction under Section 5 of the | ||||||
11 | General Obligation Bond Act, funds authorized under | ||||||
12 | Section 3 of the School Construction Bond Act, funds for | ||||||
13 | school infrastructure under Section 6z-45 of the State | ||||||
14 | Finance Act, and funds for transportation purposes under | ||||||
15 | Section 4 of the General Obligation Bond Act ; . "Public | ||||||
16 | works" also includes (i) | ||||||
17 | (2) all projects financed in whole or in part with | ||||||
18 | funds from the Environmental Protection Agency under the | ||||||
19 | Illinois Renewable Fuels Development Program Act for which | ||||||
20 | there is no project labor agreement; | ||||||
21 | (3) (ii) all work performed pursuant to a public | ||||||
22 | private agreement under the Public Private Agreements for | ||||||
23 | the Illiana Expressway Act or the Public-Private | ||||||
24 | Agreements for the South Suburban Airport Act; | ||||||
25 | (4) (iii) all projects undertaken under a | ||||||
26 | public-private agreement under the Public-Private |
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1 | Partnerships for Transportation Act or the Department of | ||||||
2 | Natural Resources World Shooting and Recreational Complex | ||||||
3 | Act; | ||||||
4 | (5) and (iv) all transportation facilities undertaken | ||||||
5 | under a design-build contract or a Construction | ||||||
6 | Manager/General Contractor contract under the Innovations | ||||||
7 | for Transportation Infrastructure Act ; . "Public works" | ||||||
8 | also includes | ||||||
9 | (6) all projects at leased facility property used for | ||||||
10 | airport purposes under Section 35 of the Local Government | ||||||
11 | Facility Lease Act ; . "Public works" also includes | ||||||
12 | (7) the construction of a new wind power facility by a | ||||||
13 | business designated as a High Impact Business under | ||||||
14 | Section 5.5(a)(3)(E) and the construction of a new | ||||||
15 | utility-scale solar power facility by a business | ||||||
16 | designated as a High Impact Business under Section | ||||||
17 | 5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act ; . | ||||||
18 | "Public works" also includes | ||||||
19 | (8) electric vehicle charging station projects | ||||||
20 | financed pursuant to the Electric Vehicle Act and | ||||||
21 | renewable energy projects required to pay the prevailing | ||||||
22 | wage pursuant to the Illinois Power Agency Act ; . "Public | ||||||
23 | works" also includes | ||||||
24 | (9) power washing projects by a public body or paid | ||||||
25 | for wholly or in part out of public funds in which steam or | ||||||
26 | pressurized water, with or without added abrasives or |
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1 | chemicals, is used to remove paint or other coatings, oils | ||||||
2 | or grease, corrosion, or debris from a surface or to | ||||||
3 | prepare a surface for a coating ; . | ||||||
4 | (10) public utility construction projects, whether or | ||||||
5 | not done under public supervision or direction, or paid | ||||||
6 | for wholly or in part out of public funds, if the project | ||||||
7 | is: | ||||||
8 | (A) performed in a public-right-of-way as defined | ||||||
9 | in Section 21-201 of the Public Utilities Act; and | ||||||
10 | (B) performed by a third-party contracted by any | ||||||
11 | public utility described in Section 2.1; | ||||||
12 | "Public works" does not include work done directly by any | ||||||
13 | public utility company, whether or not done under public | ||||||
14 | supervision or direction, or paid for wholly or in part out of | ||||||
15 | public funds. "Public works" also includes construction | ||||||
16 | projects performed by a third party contracted by any public | ||||||
17 | utility, as described in subsection (a) of Section 2.1, in | ||||||
18 | public rights-of-way, as defined in Section 21-201 of the | ||||||
19 | Public Utilities Act, whether or not done under public | ||||||
20 | supervision or direction, or paid for wholly or in part out of | ||||||
21 | public funds. "Public works" also includes construction | ||||||
22 | projects that exceed 15 aggregate miles of new fiber optic | ||||||
23 | cable, performed by a third party contracted by any public | ||||||
24 | utility, as described in subsection (b) of Section 2.1, in | ||||||
25 | public rights-of-way, as defined in Section 21-201 of the | ||||||
26 | Public Utilities Act, whether or not done under public |
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1 | supervision or direction, or paid for wholly or in part out of | ||||||
2 | public funds. "Public works" also includes | ||||||
3 | (11) any corrective action performed pursuant to Title | ||||||
4 | XVI of the Environmental Protection Act for which payment | ||||||
5 | from the Underground Storage Tank Fund is requested ; . | ||||||
6 | "Public works" also includes | ||||||
7 | (12) all construction projects involving fixtures or | ||||||
8 | permanent attachments affixed to light poles that are | ||||||
9 | owned by a public body, including street light poles, | ||||||
10 | traffic light poles, and other lighting fixtures, whether | ||||||
11 | or not done under public supervision or direction, or paid | ||||||
12 | for wholly or in part out of public funds, unless the | ||||||
13 | project is performed by employees employed directly by the | ||||||
14 | public body ; . "Public works" also includes | ||||||
15 | (13) work performed subject to the Mechanical | ||||||
16 | Insulation Energy and Safety Assessment Act ; and . "Public | ||||||
17 | works" also includes | ||||||
18 | (14) the removal, hauling, and transportation of | ||||||
19 | biosolids, lime sludge, and lime residue from a water | ||||||
20 | treatment plant or facility and the disposal of biosolids, | ||||||
21 | lime sludge, and lime residue removed from a water | ||||||
22 | treatment plant or facility at a landfill. | ||||||
23 | "Public works" does not include : | ||||||
24 | (A) projects undertaken by the owner at an | ||||||
25 | owner-occupied single-family residence or at an | ||||||
26 | owner-occupied unit of a multi-family residence an |
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1 | owner-occupied unit of a multi-family residence; . "Public | ||||||
2 | works" does not include | ||||||
3 | (B) work performed for soil and water conservation | ||||||
4 | purposes on agricultural lands, whether or not done under | ||||||
5 | public supervision or paid for wholly or in part out of | ||||||
6 | public funds, done directly by an owner or person who has | ||||||
7 | legal control of those lands ; and . | ||||||
8 | (C) public utility work done directly by any public | ||||||
9 | utility company, whether or not done under public | ||||||
10 | supervision or direction, or paid for wholly or in part | ||||||
11 | out of public funds. | ||||||
12 | "Construction" means all work on public works involving | ||||||
13 | laborers, workers or mechanics. This includes any maintenance, | ||||||
14 | repair, assembly, or disassembly work performed on equipment | ||||||
15 | whether owned, leased, or rented. | ||||||
16 | "Locality" means the county where the physical work upon | ||||||
17 | public works is performed, except (1) that if there is not | ||||||
18 | available in the county a sufficient number of competent | ||||||
19 | skilled laborers, workers and mechanics to construct the | ||||||
20 | public works efficiently and properly, "locality" includes any | ||||||
21 | other county nearest the one in which the work or construction | ||||||
22 | is to be performed and from which such persons may be obtained | ||||||
23 | in sufficient numbers to perform the work and (2) that, with | ||||||
24 | respect to contracts for highway work with the Department of | ||||||
25 | Transportation of this State, "locality" may at the discretion | ||||||
26 | of the Secretary of the Department of Transportation be |
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1 | construed to include two or more adjacent counties from which | ||||||
2 | workers may be accessible for work on such construction. | ||||||
3 | "Public body" means the State or any officer, board or | ||||||
4 | commission of the State or any political subdivision or | ||||||
5 | department thereof, or any institution supported in whole or | ||||||
6 | in part by public funds, and includes every county, city, | ||||||
7 | town, village, township, school district, irrigation, utility, | ||||||
8 | reclamation improvement or other district and every other | ||||||
9 | political subdivision, district or municipality of the state | ||||||
10 | whether such political subdivision, municipality or district | ||||||
11 | operates under a special charter or not. | ||||||
12 | "Labor organization" means an organization that is the | ||||||
13 | exclusive representative of an employer's employees recognized | ||||||
14 | or certified pursuant to the National Labor Relations Act. | ||||||
15 | The terms "general prevailing rate of hourly wages", | ||||||
16 | "general prevailing rate of wages" or "prevailing rate of | ||||||
17 | wages" when used in this Act mean the hourly cash wages plus | ||||||
18 | annualized fringe benefits for training and apprenticeship | ||||||
19 | programs approved by the U.S. Department of Labor, Bureau of | ||||||
20 | Apprenticeship and Training, health and welfare, insurance, | ||||||
21 | vacations and pensions paid generally, in the locality in | ||||||
22 | which the work is being performed, to employees engaged in | ||||||
23 | work of a similar character on public works. | ||||||
24 | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | ||||||
25 | 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. | ||||||
26 | 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346, |
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1 | eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23; | ||||||
2 | 103-605, eff. 7-1-24.) |