Illinois General Assembly - Full Text of SB1407
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Full Text of SB1407  101st General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Illinois Hazardous Materials Workforce Training Act.
6    Section 5. Definitions. As used in this Act:
7    "Apprenticeable occupation" means an occupation in the
8building and construction trades for which training and
9apprenticeship programs have been approved by and registered
10with the U.S. Department of Labor, Bureau of Apprenticeship and
12    "Apprenticeship program" means an applicable training and
13apprenticeship program approved by and registered with the U.S.
14Department of Labor, Bureau of Apprenticeship and Training.
15    "Approved advanced safety training for workers at high
16hazard facilities" means a curriculum of in-person classroom
17and laboratory instruction for approved advanced safety
18training established by rule by the Department.
19    "Community college" means a college organized under the
20Public Community College Act.
21    "Construction" means all work at a stationary source
22involving laborers, workers or mechanics. "Construction"
23includes any maintenance, repair, assembly, or disassembly



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1work performed on equipment whether owned, leased, or rented.
2    "Department" means the Department of Labor.
3    "Director" means the Director of Labor.
4    "Owner or operator" means an owner or operator of a
5stationary source that is engaged in activities described in
6Code 324110, 325110, 325193, or 325199 of the 2017 North
7American Industry Classification System (NAICS), and has one or
8more covered processes that are required to prepare and submit
9a Risk Management Plan. "Owner or operator" does not include
10oil and gas extraction operations.
11    "Prevailing hourly wage rate" has the same meaning as
12"general prevailing rate of hourly wages" as defined in Section
132 of the Prevailing Wage Act.
14    "Registered apprentice" means an apprentice registered in
15an applicable apprenticeship program for an apprenticeable
16occupation approved by, and registered with, the U.S.
17Department of Labor, Bureau of Apprenticeship and Training.
18    "Shift" means a set standard period of time an employer
19requires its employees to perform his or her work-related
20duties on a daily basis. For purposes of this definition, there
21may be multiple shifts per day.
22    "Skilled journeyperson" means a worker who meets all of the
23following criteria:
24        (1) the worker either graduated from an approved
25    apprenticeship program for the applicable occupation, or
26    has at least as many hours of on-the-job experience in the



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1    applicable occupation that would be required to graduate
2    from an approved apprenticeship program for the applicable
3    occupation;
4        (2) the worker is being paid at least a rate equivalent
5    to the prevailing hourly wage rate for a journeyperson in
6    the applicable occupation and locality; and
7        (3) beginning on or after January 1, 2023, the worker
8    has completed, within the prior 2 calendar years, at least
9    20 hours of approved advanced safety training for workers
10    at high hazard facilities.
11    "Skilled and trained workforce" means a workforce that
12meets all of the following criteria:
13        (1) all the workers are either registered apprentices
14    or skilled journeypersons;
15        (2) beginning on January 1, 2020, at least 45% of the
16    skilled journeypersons are graduates of an apprenticeship
17    program for the applicable occupation;
18        (3) beginning on January 1, 2021, at least 60% of the
19    skilled journeypersons are graduates of an apprenticeship
20    program for the applicable occupation; and
21        (4) beginning on January 1, 2022, at least 80% of the
22    skilled journeypersons are graduates of an apprenticeship
23    program for the applicable occupation.
24    "Stationary source" means that term as it is defined under
25Section 39.5 of the Environmental Protection Act.



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1    Section 10. Advanced safety training.
2    (a) The Department shall develop by rule a curriculum of
3approved advanced safety training for workers at high hazard
4facilities. That training shall be available through the
5Department or instruction may be provided by a community
6college or United States Department of Labor apprenticeship
7program. The Department shall approve a curriculum in
8accordance with this subsection (a) by January 1, 2021, and
9shall periodically revise the curriculum to reflect current
10best practices. Upon receipt of certification from the
11apprenticeship program or community college, the Department
12shall issue a certificate to a worker who completes the
13approved training.
14    (b) An owner or operator, when contracting for the
15performance of construction work at the stationary source,
16shall require that its contractors and any subcontractors use a
17skilled and trained workforce to perform all onsite work within
18an apprenticeable occupation in the building and construction
20    (c) The requirements of this Section shall not immediately
21apply to contracts awarded before January 1, 2020, unless the
22contract is extended or renewed after that date. Contracts
23awarded before January 1, 2020 shall meet the requirements of
24this Section no later than January 1, 2021.
25    (d) The requirements of this Section shall only apply to
26the skilled and trained workforce, contracted with an owner or



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1operator to perform construction work at the stationary source
3    (e) The skilled and trained workforce requirements under
4this Section shall not apply to:
5        (1) Contractors that have requested qualified workers
6    from the local hiring halls that dispatch workers in the
7    apprenticeable occupation and, due to workforce shortages,
8    the contractor is unable to obtain sufficient qualified
9    workers within 48 hours of the request, Saturdays, Sundays,
10    and holidays excepted. This Act shall not prevent
11    contractors from obtaining workers from any source.
12        (2) An emergency where compliance is impracticable;
13    namely, an emergency requires immediate action to prevent
14    imminent harm to public health or safety or to the
15    environment. Within 14 days of an emergency, the Attorney
16    General's Workers Rights Bureau, in conjunction with the
17    Illinois Department of Labor, must certify that the
18    emergency warranted noncompliance with this Act. The
19    employer must provide necessary documentation of the
20    emergency to the Attorney General's Workers Rights Bureau
21    and the Illinois Department of Labor.
22    Section 15. The Illinois Hazardous Materials Workforce
23Training Fund. The Illinois Hazardous Materials Workforce
24Training Fund is created as a special fund in the State
25treasury, to which the Department shall deposit all moneys



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1collected pursuant to Section 20 of this Act.
2    Section 20. Penalties. An owner or operator who violates
3the requirements of this Act shall be subject to a minimum
4civil penalty of $10,000 for each violation. Each shift a
5violation of this Act occurs shall be considered a separate
6violation. The penalty may be recovered in a civil action
7brought by the Director in any circuit court. In the civil
8action, the Director shall be represented by the Attorney
9General. All moneys received by the Department as fees and
10civil penalties under this Act shall be deposited into the
11Illinois Hazardous Materials Workforce Training Fund, and
12shall be appropriated by the General Assembly to the Department
13for administration, investigation, and other expenses incurred
14in carrying out its powers and duties under this Act.
15    Section 25. The State Finance Act is amended by adding
16Section 5.891 as follows:
17    (30 ILCS 105/5.891 new)
18    Sec. 5.891. The Illinois Hazardous Materials Workforce
19Training Fund.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.