104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1090

 

Introduced 1/9/2025, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 130/2

    Amends the Prevailing Wage Act. Makes formatting changes to the definition of "public works".


LRB104 06090 SPS 16123 b

 

 

A BILL FOR

 

HB1090LRB104 06090 SPS 16123 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Prevailing Wage Act is amended by changing
5Section 2 as follows:
 
6    (820 ILCS 130/2)
7    Sec. 2. This Act applies to the wages of laborers,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13    As used in this Act, unless the context indicates
14otherwise:
15    "Public works" means all fixed works constructed or
16demolished by any public body, or paid for wholly or in part
17out 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
13public utility company, whether or not done under public
14supervision or direction, or paid for wholly or in part out of
15public funds. "Public works" also includes construction
16projects performed by a third party contracted by any public
17utility, as described in subsection (a) of Section 2.1, in
18public rights-of-way, as defined in Section 21-201 of the
19Public Utilities Act, whether or not done under public
20supervision or direction, or paid for wholly or in part out of
21public funds. "Public works" also includes construction
22projects that exceed 15 aggregate miles of new fiber optic
23cable, performed by a third party contracted by any public
24utility, as described in subsection (b) of Section 2.1, in
25public rights-of-way, as defined in Section 21-201 of the
26Public Utilities Act, whether or not done under public

 

 

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1supervision or direction, or paid for wholly or in part out of
2public 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
13laborers, workers or mechanics. This includes any maintenance,
14repair, assembly, or disassembly work performed on equipment
15whether owned, leased, or rented.
16    "Locality" means the county where the physical work upon
17public works is performed, except (1) that if there is not
18available in the county a sufficient number of competent
19skilled laborers, workers and mechanics to construct the
20public works efficiently and properly, "locality" includes any
21other county nearest the one in which the work or construction
22is to be performed and from which such persons may be obtained
23in sufficient numbers to perform the work and (2) that, with
24respect to contracts for highway work with the Department of
25Transportation of this State, "locality" may at the discretion
26of the Secretary of the Department of Transportation be

 

 

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1construed to include two or more adjacent counties from which
2workers may be accessible for work on such construction.
3    "Public body" means the State or any officer, board or
4commission of the State or any political subdivision or
5department thereof, or any institution supported in whole or
6in part by public funds, and includes every county, city,
7town, village, township, school district, irrigation, utility,
8reclamation improvement or other district and every other
9political subdivision, district or municipality of the state
10whether such political subdivision, municipality or district
11operates under a special charter or not.
12    "Labor organization" means an organization that is the
13exclusive representative of an employer's employees recognized
14or 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
17wages" when used in this Act mean the hourly cash wages plus
18annualized fringe benefits for training and apprenticeship
19programs approved by the U.S. Department of Labor, Bureau of
20Apprenticeship and Training, health and welfare, insurance,
21vacations and pensions paid generally, in the locality in
22which the work is being performed, to employees engaged in
23work of a similar character on public works.
24(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
25102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
266-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,

 

 

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1eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
2103-605, eff. 7-1-24.)