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


Sen. Michael E. Hastings

Filed: 2/21/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1407 by replacing
3everything after the enacting clause with the following:
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



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1and laboratory instruction for approved advanced safety
2training established by rule by the Department.
3    "Community college" means a college organized under the
4Public Community College Act.
5    "Construction" means all work at a stationary source
6involving laborers, workers or mechanics. "Construction"
7includes any maintenance, repair, assembly, or disassembly
8work performed on equipment whether owned, leased, or rented.
9    "Department" means the Department of Labor.
10    "Director" means the Director of Labor.
11    "Owner or operator" means an owner or operator of a
12stationary source that is engaged in activities described in
13Code 324110 or 325110 of the 2017 North American Industry
14Classification System (NAICS), and has one or more covered
15processes that are required to prepare and submit a Risk
16Management Plan. "Owner or operator" does not include oil and
17gas extraction operations.
18    "Prevailing hourly wage rate" has the same meaning as
19"general prevailing rate of hourly wages" as defined in Section
202 of the Prevailing Wage Act.
21    "Registered apprentice" means an apprentice registered in
22an applicable apprenticeship program for an apprenticeable
23occupation approved by, and registered with, the U.S.
24Department of Labor, Bureau of Apprenticeship and Training.
25    "Shift" means a set standard period of time an employer
26requires its employees to perform his or her work-related



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1duties on a daily basis. For purposes of this definition, there
2may be multiple shifts per day.
3    "Skilled journeyperson" means a worker who meets all of the
4following criteria:
5        (1) the worker either graduated from an approved
6    apprenticeship program for the applicable occupation, or
7    has at least as many hours of on-the-job experience in the
8    applicable occupation that would be required to graduate
9    from an approved apprenticeship program for the applicable
10    occupation;
11        (2) the worker is being paid at least a rate equivalent
12    to the prevailing hourly wage rate for a journeyperson in
13    the applicable occupation and locality; and
14        (3) beginning on or after January 1, 2023, the worker
15    has completed, within the prior 2 calendar years, at least
16    20 hours of approved advanced safety training for workers
17    at high hazard facilities.
18    "Skilled and trained workforce" means a workforce that
19meets all of the following criteria:
20        (1) all the workers are either registered apprentices
21    or skilled journeypersons;
22        (2) beginning on January 1, 2020, at least 45% of the
23    skilled journeypersons are graduates of an apprenticeship
24    program for the applicable occupation;
25        (3) beginning on January 1, 2021, at least 60% of the
26    skilled journeypersons are graduates of an apprenticeship



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1    program for the applicable occupation; and
2        (4) beginning on January 1, 2022, at least 80% of the
3    skilled journeypersons are graduates of an apprenticeship
4    program for the applicable occupation.
5    "Stationary source" means that term as it is defined under
6Section 39.5 of the Environmental Protection Act.
7    Section 10. Advanced safety training.
8    (a) The Department shall develop by rule a curriculum of
9approved advanced safety training for workers at high hazard
10facilities. That training shall be available through the
11Department or instruction may be provided by a community
12college or United States Department of Labor apprenticeship
13program. The Department shall approve a curriculum in
14accordance with this subsection (a) by January 1, 2021, and
15shall periodically revise the curriculum to reflect current
16best practices. Upon receipt of certification from the
17apprenticeship program or community college, the Department
18shall issue a certificate to a worker who completes the
19approved training.
20    (b) An owner or operator, when contracting for the
21performance of construction work at the stationary source,
22shall require that its contractors and any subcontractors use a
23skilled and trained workforce to perform all onsite work within
24an apprenticeable occupation in the building and construction



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1    (c) The requirements of this Section shall not immediately
2apply to contracts awarded before January 1, 2020, unless the
3contract is extended or renewed after that date. Contracts
4awarded before January 1, 2020 shall meet the requirements of
5this Section no later than January 1, 2021.
6    (d) The requirements of this Section shall only apply to
7the skilled and trained workforce, contracted with an owner or
8operator to perform construction work at the stationary source
10    (e) The skilled and trained workforce requirements under
11this Section shall not apply to:
12        (1) Contractors that have requested qualified workers
13    from the local hiring halls that dispatch workers in the
14    apprenticeable occupation and, due to workforce shortages,
15    the contractor is unable to obtain sufficient qualified
16    workers within 48 hours of the request, Saturdays, Sundays,
17    and holidays excepted. This Act shall not prevent
18    contractors from obtaining workers from any source.
19        (2) An emergency where compliance is impracticable;
20    namely, an emergency requires immediate action to prevent
21    imminent harm to public health or safety or to the
22    environment. Within 14 days of an emergency, the Attorney
23    General's Workers Rights Bureau, in conjunction with the
24    Illinois Department of Labor, must certify that the
25    emergency warranted noncompliance with this Act. The
26    employer must provide necessary documentation of the



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1    emergency to the Attorney General's Workers Rights Bureau
2    and the Illinois Department of Labor.
3    Section 15. The Illinois Hazardous Materials Workforce
4Training Fund. The Illinois Hazardous Materials Workforce
5Training Fund is created as a special fund in the State
6treasury, to which the Department shall deposit all moneys
7collected pursuant to Section 20 of this Act.
8    Section 20. Penalties. An owner or operator who violates
9the requirements of this Act shall be subject to a minimum
10civil penalty of $10,000 for each violation. Each shift a
11violation of this Act occurs shall be considered a separate
12violation. The penalty may be recovered in a civil action
13brought by the Director in any circuit court. In the civil
14action, the Director shall be represented by the Attorney
15General. All moneys received by the Department as fees and
16civil penalties under this Act shall be deposited into the
17Illinois Hazardous Materials Workforce Training Fund, and
18shall be appropriated by the General Assembly to the Department
19for administration, investigation, and other expenses incurred
20in carrying out its powers and duties under this Act.
21    Section 25. The State Finance Act is amended by adding
22Section 5.891 as follows:



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1    (30 ILCS 105/5.891 new)
2    Sec. 5.891. The Illinois Hazardous Materials Workforce
3Training Fund.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".