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