Rep. John E. Bradley

Filed: 5/16/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1470 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Project Labor Agreements Act is amended by
5changing Section 10 as follows:
6    (30 ILCS 571/10)
7    Sec. 10. Public works projects. On a project-by-project
8basis, a State department, agency, authority, board, or
9instrumentality that is under the control of the Governor shall
10include a project labor agreement on a public works project
11when that department, agency, authority, board, or
12instrumentality has determined that the agreement advances the
13State's interests of cost, efficiency, quality, safety,
14timeliness, skilled labor force, labor stability, or the
15State's policy to advance minority-owned and women-owned
16businesses and minority and female employment. For purposes of



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1this Act, any corrective action performed pursuant to Title XVI
2of the Environmental Protection Act for which payment from the
3Underground Storage Tank Fund is requested shall be considered
4a public works project.
5(Source: P.A. 97-199, eff. 7-27-11.)
6    Section 10. The Environmental Protection Act is amended by
7changing Sections 57.7 and 57.8 as follows:
8    (415 ILCS 5/57.7)
9    Sec. 57.7. Leaking underground storage tanks; site
10investigation and corrective action.
11    (a) Site investigation.
12        (1) For any site investigation activities required by
13    statute or rule, the owner or operator shall submit to the
14    Agency for approval a site investigation plan designed to
15    determine the nature, concentration, direction of
16    movement, rate of movement, and extent of the contamination
17    as well as the significant physical features of the site
18    and surrounding area that may affect contaminant transport
19    and risk to human health and safety and the environment.
20        (2) Any owner or operator intending to seek payment
21    from the Fund shall submit to the Agency for approval a
22    site investigation budget that includes, but is not limited
23    to, an accounting of all costs associated with the
24    implementation and completion of the site investigation



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1    plan.
2        (3) Remediation objectives for the applicable
3    indicator contaminants shall be determined using the
4    tiered approach to corrective action objectives rules
5    adopted by the Board pursuant to this Title and Title XVII
6    of this Act. For the purposes of this Title, "Contaminant
7    of Concern" or "Regulated Substance of Concern" in the
8    rules means the applicable indicator contaminants set
9    forth in subsection (d) of this Section and the rules
10    adopted thereunder.
11        (4) Upon the Agency's approval of a site investigation
12    plan, or as otherwise directed by the Agency, the owner or
13    operator shall conduct a site investigation in accordance
14    with the plan.
15        (5) Within 30 days after completing the site
16    investigation, the owner or operator shall submit to the
17    Agency for approval a site investigation completion
18    report. At a minimum the report shall include all of the
19    following:
20            (A) Executive summary.
21            (B) Site history.
22            (C) Site-specific sampling methods and results.
23            (D) Documentation of all field activities,
24        including quality assurance.
25            (E) Documentation regarding the development of
26        proposed remediation objectives.



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1            (F) Interpretation of results.
2            (G) Conclusions.
3    (b) Corrective action.
4        (1) If the site investigation confirms none of the
5    applicable indicator contaminants exceed the proposed
6    remediation objectives, within 30 days after completing
7    the site investigation the owner or operator shall submit
8    to the Agency for approval a corrective action completion
9    report in accordance with this Section.
10        (2) If any of the applicable indicator contaminants
11    exceed the remediation objectives approved for the site,
12    within 30 days after the Agency approves the site
13    investigation completion report the owner or operator
14    shall submit to the Agency for approval a corrective action
15    plan designed to mitigate any threat to human health, human
16    safety, or the environment resulting from the underground
17    storage tank release. The plan shall describe the selected
18    remedy and evaluate its ability and effectiveness to
19    achieve the remediation objectives approved for the site.
20    At a minimum, the report shall include all of the
21    following:
22            (A) Executive summary.
23            (B) Statement of remediation objectives.
24            (C) Remedial technologies selected.
25            (D) Confirmation sampling plan.
26            (E) Current and projected future use of the



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1        property.
2            (F) Applicable preventive, engineering, and
3        institutional controls including long-term
4        reliability, operating, and maintenance plans, and
5        monitoring procedures.
6            (G) A schedule for implementation and completion
7        of the plan.
8        (3) Any owner or operator intending to seek payment
9    from the Fund shall submit to the Agency for approval a
10    corrective action budget that includes, but is not limited
11    to, an accounting of all costs associated with the
12    implementation and completion of the corrective action
13    plan.
14        (4) Upon the Agency's approval of a corrective action
15    plan, or as otherwise directed by the Agency, the owner or
16    operator shall proceed with corrective action in
17    accordance with the plan.
18        (5) Within 30 days after the completion of a corrective
19    action plan that achieves applicable remediation
20    objectives the owner or operator shall submit to the Agency
21    for approval a corrective action completion report. The
22    report shall demonstrate whether corrective action was
23    completed in accordance with the approved corrective
24    action plan and whether the remediation objectives
25    approved for the site, as well as any other requirements of
26    the plan, have been achieved.



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1        (6) If within 4 years after the approval of any
2    corrective action plan the applicable remediation
3    objectives have not been achieved and the owner or operator
4    has not submitted a corrective action completion report,
5    the owner or operator must submit a status report for
6    Agency review. The status report must include, but is not
7    limited to, a description of the remediation activities
8    taken to date, the effectiveness of the method of
9    remediation being used, the likelihood of meeting the
10    applicable remediation objectives using the current method
11    of remediation, and the date the applicable remediation
12    objectives are expected to be achieved.
13        (7) If the Agency determines any approved corrective
14    action plan will not achieve applicable remediation
15    objectives within a reasonable time, based upon the method
16    of remediation and site specific circumstances, the Agency
17    may require the owner or operator to submit to the Agency
18    for approval a revised corrective action plan. If the owner
19    or operator intends to seek payment from the Fund, the
20    owner or operator must also submit a revised budget.
21    (c) Agency review and approval.
22        (1) Agency approval of any plan and associated budget,
23    as described in this subsection (c), shall be considered
24    final approval for purposes of seeking and obtaining
25    payment from the Underground Storage Tank Fund if the costs
26    associated with the completion of any such plan are less



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1    than or equal to the amounts approved in such budget.
2        (2) In the event the Agency fails to approve,
3    disapprove, or modify any plan or report submitted pursuant
4    to this Title in writing within 120 days of the receipt by
5    the Agency, the plan or report shall be considered to be
6    rejected by operation of law for purposes of this Title and
7    rejected for purposes of payment from the Underground
8    Storage Tank Fund.
9            (A) For purposes of those plans as identified in
10        paragraph (5) of this subsection (c), the Agency's
11        review may be an audit procedure. Such review or audit
12        shall be consistent with the procedure for such review
13        or audit as promulgated by the Board under Section
14        57.14. The Agency has the authority to establish an
15        auditing program to verify compliance of such plans
16        with the provisions of this Title.
17            (B) For purposes of corrective action plans
18        submitted pursuant to subsection (b) of this Section
19        for which payment from the Fund is not being sought,
20        the Agency need not take action on such plan until 120
21        days after it receives the corrective action
22        completion report required under subsection (b) of
23        this Section. In the event the Agency approved the
24        plan, it shall proceed under the provisions of this
25        subsection (c).
26        (3) In approving any plan submitted pursuant to



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1    subsection (a) or (b) of this Section, the Agency shall
2    determine, by a procedure promulgated by the Board under
3    Section 57.14, that the costs associated with the plan are
4    reasonable, will be incurred in the performance of site
5    investigation or corrective action, and will not be used
6    for site investigation or corrective action activities in
7    excess of those required to meet the minimum requirements
8    of this Title. The Agency shall also determine, pursuant to
9    the Project Labor Agreements Act, whether the corrective
10    action shall include a project labor agreement if payment
11    from the Underground Storage Tank Fund is to be requested.
12            (A) For purposes of payment from the Fund,
13        corrective action activities required to meet the
14        minimum requirements of this Title shall include, but
15        not be limited to, the following use of the Board's
16        Tiered Approach to Corrective Action Objectives rules
17        adopted under Title XVII of this Act:
18                (i) For the site where the release occurred,
19            the use of Tier 2 remediation objectives that are
20            no more stringent than Tier 1 remediation
21            objectives.
22                (ii) The use of industrial/commercial property
23            remediation objectives, unless the owner or
24            operator demonstrates that the property being
25            remediated is residential property or being
26            developed into residential property.



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1                (iii) The use of groundwater ordinances as
2            institutional controls in accordance with Board
3            rules.
4                (iv) The use of on-site groundwater use
5            restrictions as institutional controls in
6            accordance with Board rules.
7            (B) Any bidding process adopted under Board rules
8        to determine the reasonableness of costs of corrective
9        action must provide for a publicly-noticed,
10        competitive, and sealed bidding process that includes,
11        at a minimum, the following:
12                (i) The owner or operator must issue
13            invitations for bids that include, at a minimum, a
14            description of the work being bid and applicable
15            contractual terms and conditions. The criteria on
16            which the bids will be evaluated must be set forth
17            in the invitation for bids. The criteria may
18            include, but shall not be limited to, criteria for
19            determining acceptability, such as inspection,
20            testing, quality, workmanship, delivery, and
21            suitability for a particular purpose. Criteria
22            that will affect the bid price and be considered in
23            the evaluation of a bid, such as discounts, shall
24            be objectively measurable.
25                (ii) At least 14 days prior to the date set in
26            the invitation for the opening of bids, public



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1            notice of the invitation for bids must be published
2            in a local paper of general circulation for the
3            area in which the site is located.
4                (iii) Bids must be opened publicly in the
5            presence of one or more witnesses at the time and
6            place designated in the invitation for bids. The
7            name of each bidder, the amount of each bid, and
8            other relevant information as specified in Board
9            rules must be recorded and submitted to the Agency
10            in the applicable budget. After selection of the
11            winning bid, the winning bid and the record of each
12            unsuccessful bid shall be open to public
13            inspection.
14                (iv) Bids must be unconditionally accepted
15            without alteration or correction. Bids must be
16            evaluated based on the requirements set forth in
17            the invitation for bids, which may include
18            criteria for determining acceptability, such as
19            inspection, testing, quality, workmanship,
20            delivery, and suitability for a particular
21            purpose. Criteria that will affect the bid price
22            and be considered in the evaluation of a bid, such
23            as discounts, shall be objectively measurable. The
24            invitation for bids shall set forth the evaluation
25            criteria to be used.
26                (v) Correction or withdrawal of inadvertently



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1            erroneous bids before or after selection of the
2            winning bid, or cancellation of winning bids based
3            on bid mistakes, shall be allowed in accordance
4            with Board rules. After bid opening, no changes in
5            bid prices or other provisions of bids prejudicial
6            to the owner or operator or fair competition shall
7            be allowed. All decisions to allow the correction
8            or withdrawal of bids based on bid mistakes shall
9            be supported by a written determination made by the
10            owner or operator.
11                (vi) The owner or operator shall select the
12            winning bid with reasonable promptness by written
13            notice to the lowest responsible and responsive
14            bidder whose bid meets the requirements and
15            criteria set forth in the invitation for bids. The
16            winning bid and other relevant information as
17            specified in Board rules must be recorded and
18            submitted to the Agency in the applicable budget.
19                (vii) All bidding documentation must be
20            retained by the owner or operator for a minimum of
21            3 years after the costs bid are submitted in an
22            application for payment, except that documentation
23            relating to an appeal, litigation, or other
24            disputed claim must be maintained until at least 3
25            years after the date of the final disposition of
26            the appeal, litigation, or other disputed claim.



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1            All bidding documentation must be made available
2            to the Agency for inspection and copying during
3            normal business hours.
4            (C) Any bidding process adopted under Board rules
5        to determine the reasonableness of costs of corrective
6        action shall (i) be optional and (ii) allow bidding
7        only if the owner or operator demonstrates that
8        corrective action cannot be performed for amounts less
9        than or equal to maximum payment amounts adopted by the
10        Board.
11        (4) For any plan or report received after June 24,
12    2002, any action by the Agency to disapprove or modify a
13    plan submitted pursuant to this Title shall be provided to
14    the owner or operator in writing within 120 days of the
15    receipt by the Agency or, in the case of a site
16    investigation plan or corrective action plan for which
17    payment is not being sought, within 120 days of receipt of
18    the site investigation completion report or corrective
19    action completion report, respectively, and shall be
20    accompanied by:
21            (A) an explanation of the Sections of this Act
22        which may be violated if the plans were approved;
23            (B) an explanation of the provisions of the
24        regulations, promulgated under this Act, which may be
25        violated if the plan were approved;
26            (C) an explanation of the specific type of



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1        information, if any, which the Agency deems the
2        applicant did not provide the Agency; and
3            (D) a statement of specific reasons why the Act and
4        the regulations might not be met if the plan were
5        approved.
6        Any action by the Agency to disapprove or modify a plan
7    or report or the rejection of any plan or report by
8    operation of law shall be subject to appeal to the Board in
9    accordance with the procedures of Section 40. If the owner
10    or operator elects to incorporate modifications required
11    by the Agency rather than appeal, an amended plan shall be
12    submitted to the Agency within 35 days of receipt of the
13    Agency's written notification.
14        (5) For purposes of this Title, the term "plan" shall
15    include:
16            (A) Any site investigation plan submitted pursuant
17        to subsection (a) of this Section;
18            (B) Any site investigation budget submitted
19        pursuant to subsection (a) of this Section;
20            (C) Any corrective action plan submitted pursuant
21        to subsection (b) of this Section; or
22            (D) Any corrective action plan budget submitted
23        pursuant to subsection (b) of this Section.
24    (d) For purposes of this Title, the term "indicator
25contaminant" shall mean, unless and until the Board promulgates
26regulations to the contrary, the following: (i) if an



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1underground storage tank contains gasoline, the indicator
2parameter shall be BTEX and Benzene; (ii) if the tank contained
3petroleum products consisting of middle distillate or heavy
4ends, then the indicator parameter shall be determined by a
5scan of PNA's taken from the location where contamination is
6most likely to be present; and (iii) if the tank contained used
7oil, then the indicator contaminant shall be those chemical
8constituents which indicate the type of petroleum stored in an
9underground storage tank. All references in this Title to
10groundwater objectives shall mean Class I groundwater
11standards or objectives as applicable.
12    (e) (1) Notwithstanding the provisions of this Section, an
13    owner or operator may proceed to conduct site investigation
14    or corrective action prior to the submittal or approval of
15    an otherwise required plan. If the owner or operator elects
16    to so proceed, an applicable plan shall be filed with the
17    Agency at any time. Such plan shall detail the steps taken
18    to determine the type of site investigation or corrective
19    action which was necessary at the site along with the site
20    investigation or corrective action taken or to be taken, in
21    addition to costs associated with activities to date and
22    anticipated costs.
23        (2) Upon receipt of a plan submitted after activities
24    have commenced at a site, the Agency shall proceed to
25    review in the same manner as required under this Title. In
26    the event the Agency disapproves all or part of the costs,



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1    the owner or operator may appeal such decision to the
2    Board. The owner or operator shall not be eligible to be
3    reimbursed for such disapproved costs unless and until the
4    Board determines that such costs were eligible for payment.
5    (f) All investigations, plans, and reports conducted or
6prepared under this Section shall be conducted or prepared
7under the supervision of a licensed professional engineer and
8in accordance with the requirements of this Title.
9(Source: P.A. 95-331, eff. 8-21-07; 96-908, eff. 6-8-10.)
10    (415 ILCS 5/57.8)
11    Sec. 57.8. Underground Storage Tank Fund; payment; options
12for State payment; deferred correction election to commence
13corrective action upon availability of funds. If an owner or
14operator is eligible to access the Underground Storage Tank
15Fund pursuant to an Office of State Fire Marshal
16eligibility/deductible final determination letter issued in
17accordance with Section 57.9, the owner or operator may submit
18a complete application for final or partial payment to the
19Agency for activities taken in response to a confirmed release.
20An owner or operator may submit a request for partial or final
21payment regarding a site no more frequently than once every 90
23    (a) Payment after completion of corrective action
24measures. The owner or operator may submit an application for
25payment for activities performed at a site after completion of



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1the requirements of Sections 57.6 and 57.7, or after completion
2of any other required activities at the underground storage
3tank site.
4        (1) In the case of any approved plan and budget for
5    which payment is being sought, the Agency shall make a
6    payment determination within 120 days of receipt of the
7    application. Such determination shall be considered a
8    final decision. The Agency's review shall be limited to
9    generally accepted auditing and accounting practices. In
10    no case shall the Agency conduct additional review of any
11    plan which was completed within the budget, beyond auditing
12    for adherence to the corrective action measures in the
13    proposal. If the Agency fails to approve the payment
14    application within 120 days, such application shall be
15    deemed approved by operation of law and the Agency shall
16    proceed to reimburse the owner or operator the amount
17    requested in the payment application. However, in no event
18    shall the Agency reimburse the owner or operator an amount
19    greater than the amount approved in the plan.
20        (2) If sufficient funds are available in the
21    Underground Storage Tank Fund, the Agency shall, within 60
22    days, forward to the Office of the State Comptroller a
23    voucher in the amount approved under the payment
24    application.
25        (3) In the case of insufficient funds, the Agency shall
26    form a priority list for payment and shall notify persons



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1    in such priority list monthly of the availability of funds
2    and when payment shall be made. Payment shall be made to
3    the owner or operator at such time as sufficient funds
4    become available for the costs associated with site
5    investigation and corrective action and costs expended for
6    activities performed where no proposal is required, if
7    applicable. Such priority list shall be available to any
8    owner or operator upon request. Priority for payment shall
9    be determined by the date the Agency receives a complete
10    request for partial or final payment. Upon receipt of
11    notification from the Agency that the requirements of this
12    Title have been met, the Comptroller shall make payment to
13    the owner or operator of the amount approved by the Agency,
14    if sufficient money exists in the Fund. If there is
15    insufficient money in the Fund, then payment shall not be
16    made. If the owner or operator appeals a final Agency
17    payment determination and it is determined that the owner
18    or operator is eligible for payment or additional payment,
19    the priority date for the payment or additional payment
20    shall be the same as the priority date assigned to the
21    original request for partial or final payment.
22        (4) Any deductible, as determined pursuant to the
23    Office of the State Fire Marshal's eligibility and
24    deductibility final determination in accordance with
25    Section 57.9, shall be subtracted from any payment invoice
26    paid to an eligible owner or operator. Only one deductible



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1    shall apply per underground storage tank site.
2        (5) In the event that costs are or will be incurred in
3    addition to those approved by the Agency, or after payment,
4    the owner or operator may submit successive plans
5    containing amended budgets. The requirements of Section
6    57.7 shall apply to any amended plans.
7        (6) For purposes of this Section, a complete
8    application shall consist of:
9            (A) A certification from a Licensed Professional
10        Engineer or Licensed Professional Geologist as
11        required under this Title and acknowledged by the owner
12        or operator.
13            (B) A statement of the amounts approved in the
14        budget and the amounts actually sought for payment
15        along with a certified statement by the owner or
16        operator that the amounts so sought were expended in
17        conformance with the approved budget.
18            (C) A copy of the Office of the State Fire
19        Marshal's eligibility and deductibility determination.
20            (D) Proof that approval of the payment requested
21        will not result in the limitations set forth in
22        subsection (g) of this Section being exceeded.
23            (E) A federal taxpayer identification number and
24        legal status disclosure certification on a form
25        prescribed and provided by the Agency.
26            (F) If the Agency determined under subsection



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1        (c)(3) of Section 57.7 of this Act that corrective
2        action must include a project labor agreement, a
3        certification from the owner or operator that the
4        corrective action was (i) performed under a project
5        labor agreement that meets the requirements of Section
6        25 of the Project Labor Agreements Act and (ii)
7        implemented in a manner consistent with the terms and
8        conditions of the Project Labor Agreements Act and in
9        full compliance with all statutes, regulations, and
10        Executive Orders as required under that Act and the
11        Prevailing Wage Act.
12    (b) Commencement of site investigation or corrective
13action upon availability of funds. The Board shall adopt
14regulations setting forth procedures based on risk to human
15health or the environment under which the owner or operator who
16has received approval for any budget plan submitted pursuant to
17Section 57.7, and who is eligible for payment from the
18Underground Storage Tank Fund pursuant to an Office of the
19State Fire Marshal eligibility and deductibility
20determination, may elect to defer site investigation or
21corrective action activities until funds are available in an
22amount equal to the amount approved in the budget. The
23regulations shall establish criteria based on risk to human
24health or the environment to be used for determining on a
25site-by-site basis whether deferral is appropriate. The
26regulations also shall establish the minimum investigatory



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1requirements for determining whether the risk based criteria
2are present at a site considering deferral and procedures for
3the notification of owners or operators of insufficient funds,
4Agency review of request for deferral, notification of Agency
5final decisions, returning deferred sites to active status, and
6earmarking of funds for payment.
7    (c) When the owner or operator requests indemnification for
8payment of costs incurred as a result of a release of petroleum
9from an underground storage tank, if the owner or operator has
10satisfied the requirements of subsection (a) of this Section,
11the Agency shall forward a copy of the request to the Attorney
12General. The Attorney General shall review and approve the
13request for indemnification if:
14        (1) there is a legally enforceable judgment entered
15    against the owner or operator and such judgment was entered
16    due to harm caused by a release of petroleum from an
17    underground storage tank and such judgment was not entered
18    as a result of fraud; or
19        (2) a settlement with a third party due to a release of
20    petroleum from an underground storage tank is reasonable.
21    (d) Notwithstanding any other provision of this Title, the
22Agency shall not approve payment to an owner or operator from
23the Fund for costs of corrective action or indemnification
24incurred during a calendar year in excess of the following
25aggregate amounts based on the number of petroleum underground
26storage tanks owned or operated by such owner or operator in



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2        Amount                           Number of Tanks
3        $2,000,000........................fewer than 101
4        $3,000,000................................101 or more
5        (1) Costs incurred in excess of the aggregate amounts
6    set forth in paragraph (1) of this subsection shall not be
7    eligible for payment in subsequent years.
8        (2) For purposes of this subsection, requests
9    submitted by any of the agencies, departments, boards,
10    committees or commissions of the State of Illinois shall be
11    acted upon as claims from a single owner or operator.
12        (3) For purposes of this subsection, owner or operator
13    includes (i) any subsidiary, parent, or joint stock company
14    of the owner or operator and (ii) any company owned by any
15    parent, subsidiary, or joint stock company of the owner or
16    operator.
17    (e) Costs of corrective action or indemnification incurred
18by an owner or operator which have been paid to an owner or
19operator under a policy of insurance, another written
20agreement, or a court order are not eligible for payment under
21this Section. An owner or operator who receives payment under a
22policy of insurance, another written agreement, or a court
23order shall reimburse the State to the extent such payment
24covers costs for which payment was received from the Fund. Any
25monies received by the State under this subsection (e) shall be
26deposited into the Fund.



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1    (f) (Blank.)
2    (g) The Agency shall not approve any payment from the Fund
3to pay an owner or operator:
4        (1) for costs of corrective action incurred by such
5    owner or operator in an amount in excess of $1,500,000 per
6    occurrence; and
7        (2) for costs of indemnification of such owner or
8    operator in an amount in excess of $1,500,000 per
9    occurrence.
10    (h) Payment of any amount from the Fund for corrective
11action or indemnification shall be subject to the State
12acquiring by subrogation the rights of any owner, operator, or
13other person to recover the costs of corrective action or
14indemnification for which the Fund has compensated such owner,
15operator, or person from the person responsible or liable for
16the release.
17    (i) If the Agency refuses to pay or authorizes only a
18partial payment, the affected owner or operator may petition
19the Board for a hearing in the manner provided for the review
20of permit decisions in Section 40 of this Act.
21    (j) Costs of corrective action or indemnification incurred
22by an owner or operator prior to July 28, 1989, shall not be
23eligible for payment or reimbursement under this Section.
24    (k) The Agency shall not pay costs of corrective action or
25indemnification incurred before providing notification of the
26release of petroleum in accordance with the provisions of this



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2    (l) Corrective action does not include legal defense costs.
3Legal defense costs include legal costs for seeking payment
4under this Title unless the owner or operator prevails before
5the Board in which case the Board may authorize payment of
6legal fees.
7    (m) The Agency may apportion payment of costs for plans
8submitted under Section 57.7 if:
9        (1) the owner or operator was deemed eligible to access
10    the Fund for payment of corrective action costs for some,
11    but not all, of the underground storage tanks at the site;
12    and
13        (2) the owner or operator failed to justify all costs
14    attributable to each underground storage tank at the site.
15    (n) The Agency shall not pay costs associated with a
16corrective action plan incurred after the Agency provides
17notification to the owner or operator pursuant to item (7) of
18subsection (b) of Section 57.7 that a revised corrective action
19plan is required. Costs associated with any subsequently
20approved corrective action plan shall be eligible for
21reimbursement if they meet the requirements of this Title.
22(Source: P.A. 95-331, eff. 8-21-07.)
23    Section 15. The Prevailing Wage Act is amended by changing
24Section 2 as follows:



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1    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
2    Sec. 2. This Act applies to the wages of laborers,
3mechanics and other workers employed in any public works, as
4hereinafter defined, by any public body and to anyone under
5contracts for public works. This includes any maintenance,
6repair, assembly, or disassembly work performed on equipment
7whether owned, leased, or rented.
8    As used in this Act, unless the context indicates
10    "Public works" means all fixed works constructed or
11demolished by any public body, or paid for wholly or in part
12out of public funds. "Public works" as defined herein includes
13all projects financed in whole or in part with bonds, grants,
14loans, or other funds made available by or through the State or
15any of its political subdivisions, including but not limited
16to: bonds issued under the Industrial Project Revenue Bond Act
17(Article 11, Division 74 of the Illinois Municipal Code), the
18Industrial Building Revenue Bond Act, the Illinois Finance
19Authority Act, the Illinois Sports Facilities Authority Act, or
20the Build Illinois Bond Act; loans or other funds made
21available pursuant to the Build Illinois Act; or funds from the
22Fund for Illinois' Future under Section 6z-47 of the State
23Finance Act, funds for school construction under Section 5 of
24the General Obligation Bond Act, funds authorized under Section
253 of the School Construction Bond Act, funds for school
26infrastructure under Section 6z-45 of the State Finance Act,



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



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1"general prevailing rate of wages" or "prevailing rate of
2wages" when used in this Act mean the hourly cash wages plus
3fringe benefits for training and apprenticeship programs
4approved by the U.S. Department of Labor, Bureau of
5Apprenticeship and Training, health and welfare, insurance,
6vacations and pensions paid generally, in the locality in which
7the work is being performed, to employees engaged in work of a
8similar character on public works.
9(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
10eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
11eff. 8-23-11.)
12    Section 99. Effective date. This Act takes effect August 1,