Full Text of SB1530 101st General Assembly
SB1530eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Enterprise Zone Act is amended by | 5 | | changing Section 5.5 as follows:
| 6 | | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
| 7 | | Sec. 5.5. High Impact Business.
| 8 | | (a) In order to respond to unique opportunities to assist | 9 | | in the
encouragement, development, growth and expansion of the | 10 | | private sector through
large scale investment and development | 11 | | projects, the Department is authorized
to receive and approve | 12 | | applications for the designation of "High Impact
Businesses" in | 13 | | Illinois subject to the following conditions:
| 14 | | (1) such applications may be submitted at any time | 15 | | during the year;
| 16 | | (2) such business is not located, at the time of | 17 | | designation, in
an enterprise zone designated pursuant to | 18 | | this Act;
| 19 | | (3) the business intends to do one or more of the | 20 | | following:
| 21 | | (A) the business intends to make a minimum | 22 | | investment of
$12,000,000 which will be placed in | 23 | | service in qualified property and
intends to create 500 |
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| 1 | | full-time equivalent jobs at a designated location
in | 2 | | Illinois or intends to make a minimum investment of | 3 | | $30,000,000 which
will be placed in service in | 4 | | qualified property and intends to retain 1,500
| 5 | | full-time retained jobs at a designated location in | 6 | | Illinois.
The business must certify in writing that the | 7 | | investments would not be
placed in service in qualified | 8 | | property and the job creation or job
retention would | 9 | | not occur without the tax credits and exemptions set | 10 | | forth
in subsection (b) of this Section. The terms | 11 | | "placed in service" and
"qualified property" have the | 12 | | same meanings as described in subsection (h)
of Section | 13 | | 201 of the Illinois Income Tax Act; or
| 14 | | (B) the business intends to establish a new | 15 | | electric generating
facility at a designated location | 16 | | in Illinois. "New electric generating
facility", for | 17 | | purposes of this Section, means a newly-constructed
| 18 | | electric
generation plant
or a newly-constructed | 19 | | generation capacity expansion at an existing electric
| 20 | | generation
plant, including the transmission lines and | 21 | | associated
equipment that transfers electricity from | 22 | | points of supply to points of
delivery, and for which | 23 | | such new foundation construction commenced not sooner
| 24 | | than July 1,
2001. Such facility shall be designed to | 25 | | provide baseload electric
generation and shall operate | 26 | | on a continuous basis throughout the year;
and (i) |
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| 1 | | shall have an aggregate rated generating capacity of at | 2 | | least 1,000
megawatts for all new units at one site if | 3 | | it uses natural gas as its primary
fuel and foundation | 4 | | construction of the facility is commenced on
or before | 5 | | December 31, 2004, or shall have an aggregate rated | 6 | | generating
capacity of at least 400 megawatts for all | 7 | | new units at one site if it uses
coal or gases derived | 8 | | from coal
as its primary fuel and
shall support the | 9 | | creation of at least 150 new Illinois coal mining jobs, | 10 | | or
(ii) shall be funded through a federal Department of | 11 | | Energy grant before December 31, 2010 and shall support | 12 | | the creation of Illinois
coal-mining
jobs, or (iii) | 13 | | shall use coal gasification or integrated | 14 | | gasification-combined cycle units
that generate
| 15 | | electricity or chemicals, or both, and shall support | 16 | | the creation of Illinois
coal-mining
jobs.
The
| 17 | | business must certify in writing that the investments | 18 | | necessary to establish
a new electric generating | 19 | | facility would not be placed in service and the
job | 20 | | creation in the case of a coal-fueled plant
would not | 21 | | occur without the tax credits and exemptions set forth | 22 | | in
subsection (b-5) of this Section. The term "placed | 23 | | in service" has
the same meaning as described in | 24 | | subsection
(h) of Section 201 of the Illinois Income | 25 | | Tax Act; or
| 26 | | (B-5) the business intends to establish a new |
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| 1 | | gasification
facility at a designated location in | 2 | | Illinois. As used in this Section, "new gasification | 3 | | facility" means a newly constructed coal gasification | 4 | | facility that generates chemical feedstocks or | 5 | | transportation fuels derived from coal (which may | 6 | | include, but are not limited to, methane, methanol, and | 7 | | nitrogen fertilizer), that supports the creation or | 8 | | retention of Illinois coal-mining jobs, and that | 9 | | qualifies for financial assistance from the Department | 10 | | before December 31, 2010. A new gasification facility | 11 | | does not include a pilot project located within | 12 | | Jefferson County or within a county adjacent to | 13 | | Jefferson County for synthetic natural gas from coal; | 14 | | or
| 15 | | (C) the business intends to establish
production | 16 | | operations at a new coal mine, re-establish production | 17 | | operations at
a closed coal mine, or expand production | 18 | | at an existing coal mine
at a designated location in | 19 | | Illinois not sooner than July 1, 2001;
provided that | 20 | | the
production operations result in the creation of 150 | 21 | | new Illinois coal mining
jobs as described in | 22 | | subdivision (a)(3)(B) of this Section, and further
| 23 | | provided that the coal extracted from such mine is | 24 | | utilized as the predominant
source for a new electric | 25 | | generating facility.
The business must certify in | 26 | | writing that the
investments necessary to establish a |
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| 1 | | new, expanded, or reopened coal mine would
not
be | 2 | | placed in service and the job creation would not
occur | 3 | | without the tax credits and exemptions set forth in | 4 | | subsection (b-5) of
this Section. The term "placed in | 5 | | service" has
the same meaning as described in | 6 | | subsection (h) of Section 201 of the
Illinois Income | 7 | | Tax Act; or
| 8 | | (D) the business intends to construct new | 9 | | transmission facilities or
upgrade existing | 10 | | transmission facilities at designated locations in | 11 | | Illinois,
for which construction commenced not sooner | 12 | | than July 1, 2001. For the
purposes of this Section, | 13 | | "transmission facilities" means transmission lines
| 14 | | with a voltage rating of 115 kilovolts or above, | 15 | | including associated
equipment, that transfer | 16 | | electricity from points of supply to points of
delivery | 17 | | and that transmit a majority of the electricity | 18 | | generated by a new
electric generating facility | 19 | | designated as a High Impact Business in accordance
with | 20 | | this Section. The business must certify in writing that | 21 | | the investments
necessary to construct new | 22 | | transmission facilities or upgrade existing
| 23 | | transmission facilities would not be placed in service
| 24 | | without the tax credits and exemptions set forth in | 25 | | subsection (b-5) of this
Section. The term "placed in | 26 | | service" has the
same meaning as described in |
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| 1 | | subsection (h) of Section 201 of the Illinois
Income | 2 | | Tax Act; or
| 3 | | (E) the business intends to establish a new wind | 4 | | power facility at a designated location in Illinois. | 5 | | For purposes of this Section, "new wind power facility" | 6 | | means a newly constructed electric generation | 7 | | facility, or a newly constructed expansion of an | 8 | | existing electric generation facility, placed in | 9 | | service on or after July 1, 2009, that generates | 10 | | electricity using wind energy devices, and such | 11 | | facility shall be deemed to include all associated | 12 | | transmission lines, substations, and other equipment | 13 | | related to the generation of electricity from wind | 14 | | energy devices. For purposes of this Section, "wind | 15 | | energy device" means any device, with a nameplate | 16 | | capacity of at least 0.5 megawatts, that is used in the | 17 | | process of converting kinetic energy from the wind to | 18 | | generate electricity; or | 19 | | (F) the business commits to (i) make a minimum | 20 | | investment of $500,000,000, which will be placed in | 21 | | service in a qualified property, (ii) create 125 | 22 | | full-time equivalent jobs at a designated location in | 23 | | Illinois, (iii) establish a fertilizer plant at a | 24 | | designated location in Illinois that complies with the | 25 | | set-back standards as described in Table 1: Initial | 26 | | Isolation and Protective Action Distances in the 2012 |
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| 1 | | Emergency Response Guidebook published by the United | 2 | | States Department of Transportation, (iv) pay a | 3 | | prevailing wage for employees at that location who are | 4 | | engaged in construction activities, and (v) secure an | 5 | | appropriate level of general liability insurance to | 6 | | protect against catastrophic failure of the fertilizer | 7 | | plant or any of its constituent systems; in addition, | 8 | | the business must agree to enter into a construction | 9 | | project labor agreement including provisions | 10 | | establishing wages, benefits, and other compensation | 11 | | for employees performing work under the project labor | 12 | | agreement at that location; for the purposes of this | 13 | | Section, "fertilizer plant" means a newly constructed | 14 | | or upgraded plant utilizing gas used in the production | 15 | | of anhydrous ammonia and downstream nitrogen | 16 | | fertilizer products for resale; for the purposes of | 17 | | this Section, "prevailing wage" means the hourly cash | 18 | | wages plus fringe benefits for training and
| 19 | | apprenticeship programs approved by the U.S. | 20 | | Department of Labor, Bureau of
Apprenticeship and | 21 | | Training, health and welfare, insurance, vacations and
| 22 | | pensions paid generally, in the
locality in which the | 23 | | work is being performed, to employees engaged in
work | 24 | | of a similar character on public works; this paragraph | 25 | | (F) applies only to businesses that submit an | 26 | | application to the Department within 60 days after July |
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| 1 | | 25, 2013 ( the effective date of Public Act 98-109) this | 2 | | amendatory Act of the 98th General Assembly ; or and | 3 | | (G) the business intends to establish a new | 4 | | utility-scale solar facility at a designated location | 5 | | in Illinois. For purposes of this Section, "new | 6 | | utility-scale solar facility" means a newly | 7 | | constructed electric generation facility of greater | 8 | | than 2,000 kilowatts of nameplate capacity, or a newly | 9 | | constructed expansion of greater than 2,000 kilowatts | 10 | | of nameplate capacity of an existing electric | 11 | | generation facility of greater than 2,000 kilowatts of | 12 | | nameplate capacity, placed in service on or after June | 13 | | 1, 2017, that generates electricity using photovoltaic | 14 | | cells or panels, and such facility shall be deemed to | 15 | | include all associated inverters, transmission lines, | 16 | | substations, and other equipment related to the | 17 | | generation of electricity from photovoltaic cells or | 18 | | panels; and
| 19 | | (4) no later than 90 days after an application is | 20 | | submitted, the
Department shall notify the applicant of the | 21 | | Department's determination of
the qualification of the | 22 | | proposed High Impact Business under this Section.
| 23 | | (b) Businesses designated as High Impact Businesses | 24 | | pursuant to
subdivision (a)(3)(A) of this Section shall qualify | 25 | | for the credits and
exemptions described in the
following Acts: | 26 | | Section 9-222 and Section 9-222.1A of the Public Utilities
Act,
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| 1 | | subsection (h)
of Section 201 of the Illinois Income Tax Act,
| 2 | | and Section 1d of
the
Retailers' Occupation Tax Act; provided | 3 | | that these credits and
exemptions
described in these Acts shall | 4 | | not be authorized until the minimum
investments set forth in | 5 | | subdivision (a)(3)(A) of this
Section have been placed in
| 6 | | service in qualified properties and, in the case of the | 7 | | exemptions
described in the Public Utilities Act and Section 1d | 8 | | of the Retailers'
Occupation Tax Act, the minimum full-time | 9 | | equivalent jobs or full-time retained jobs set
forth in | 10 | | subdivision (a)(3)(A) of this Section have been
created or | 11 | | retained.
Businesses designated as High Impact Businesses | 12 | | under
this Section shall also
qualify for the exemption | 13 | | described in Section 5l of the Retailers' Occupation
Tax Act. | 14 | | The credit provided in subsection (h) of Section 201 of the | 15 | | Illinois
Income Tax Act shall be applicable to investments in | 16 | | qualified property as set
forth in subdivision (a)(3)(A) of | 17 | | this Section.
| 18 | | (b-5) Businesses designated as High Impact Businesses | 19 | | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | 20 | | and (a)(3)(D) of this Section shall qualify
for the credits and | 21 | | exemptions described in the following Acts: Section 51 of
the | 22 | | Retailers' Occupation Tax Act, Section 9-222 and Section | 23 | | 9-222.1A of the
Public Utilities Act, and subsection (h) of | 24 | | Section 201 of the Illinois Income
Tax Act; however, the | 25 | | credits and exemptions authorized under Section 9-222 and
| 26 | | Section 9-222.1A of the Public Utilities Act, and subsection |
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| 1 | | (h) of Section 201
of the Illinois Income Tax Act shall not be | 2 | | authorized until the new electric
generating facility, the new | 3 | | gasification facility, the new transmission facility, or the | 4 | | new, expanded, or
reopened coal mine is operational,
except | 5 | | that a new electric generating facility whose primary fuel | 6 | | source is
natural gas is eligible only for the exemption under | 7 | | Section 5l of the
Retailers' Occupation Tax Act.
| 8 | | (b-6) Businesses designated as High Impact Businesses | 9 | | pursuant to subdivision (a)(3)(E) and (a)(3)(G) of this Section | 10 | | shall qualify for the exemptions described in Section 5l of the | 11 | | Retailers' Occupation Tax Act; any business so designated as a | 12 | | High Impact Business being, for purposes of this Section, a | 13 | | " Renewable Wind Energy Business". | 14 | | (c) High Impact Businesses located in federally designated | 15 | | foreign trade
zones or sub-zones are also eligible for | 16 | | additional credits, exemptions and
deductions as described in | 17 | | the following Acts: Section 9-221 and Section
9-222.1 of the | 18 | | Public
Utilities Act; and subsection (g) of Section 201, and | 19 | | Section 203
of the Illinois Income Tax Act.
| 20 | | (d) Except for businesses contemplated under subdivision | 21 | | (a)(3)(E) and (a)(3)(G) of this Section, existing Illinois | 22 | | businesses which apply for designation as a
High Impact | 23 | | Business must provide the Department with the prospective plan
| 24 | | for which 1,500 full-time retained jobs would be eliminated in | 25 | | the event that the
business is not designated.
| 26 | | (e) Except for new wind power facilities contemplated under |
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| 1 | | subdivision (a)(3)(E) and new utility-scale solar facilities | 2 | | contemplated under subdivision (a)(3)(G) of this Section, new | 3 | | proposed facilities which apply for designation as High Impact
| 4 | | Business must provide the Department with proof of alternative | 5 | | non-Illinois
sites which would receive the proposed investment | 6 | | and job creation in the
event that the business is not | 7 | | designated as a High Impact Business.
| 8 | | (f) Except for businesses contemplated under subdivision | 9 | | (a)(3)(E) and (a)(3)(G) of this Section, in the event that a | 10 | | business is designated a High Impact Business
and it is later | 11 | | determined after reasonable notice and an opportunity for a
| 12 | | hearing as provided under the Illinois Administrative | 13 | | Procedure Act, that
the business would have placed in service | 14 | | in qualified property the
investments and created or retained | 15 | | the requisite number of jobs without
the benefits of the High | 16 | | Impact Business designation, the Department shall
be required | 17 | | to immediately revoke the designation and notify the Director
| 18 | | of the Department of Revenue who shall begin proceedings to | 19 | | recover all
wrongfully exempted State taxes with interest. The | 20 | | business shall also be
ineligible for all State funded | 21 | | Department programs for a period of 10 years.
| 22 | | (g) The Department shall revoke a High Impact Business | 23 | | designation if
the participating business fails to comply with | 24 | | the terms and conditions of
the designation. However, the | 25 | | penalties for new wind power facilities , new utility-scale | 26 | | solar facilities, or Renewable Wind Energy Businesses for |
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| 1 | | failure to comply with any of the terms or conditions of the | 2 | | Illinois Prevailing Wage Act shall be only those penalties | 3 | | identified in the Illinois Prevailing Wage Act, and the | 4 | | Department shall not revoke a High Impact Business designation | 5 | | as a result of the failure to comply with any of the terms or | 6 | | conditions of the Illinois Prevailing Wage Act in relation to a | 7 | | new wind power facility , new utility-scale solar facilities, or | 8 | | a Renewable Wind Energy Business.
| 9 | | (h) Prior to designating a business, the Department shall | 10 | | provide the
members of the General Assembly and Commission on | 11 | | Government Forecasting and Accountability
with a report | 12 | | setting forth the terms and conditions of the designation and
| 13 | | guarantees that have been received by the Department in | 14 | | relation to the
proposed business being designated.
| 15 | | (Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
| 16 | | Section 10. The Prevailing Wage Act is amended by changing | 17 | | Section 2 as follows:
| 18 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 19 | | (Text of Section before amendment by P.A. 100-1177 ) | 20 | | Sec. 2. This Act applies to the wages of laborers, | 21 | | mechanics and
other workers employed in any public works, as | 22 | | hereinafter defined, by
any public body and to anyone under | 23 | | contracts for public works. This includes any maintenance, | 24 | | repair, assembly, or disassembly work performed on equipment |
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| 1 | | whether owned, leased, or rented.
| 2 | | As used in this Act, unless the context indicates | 3 | | otherwise:
| 4 | | "Public works" means all fixed works constructed or | 5 | | demolished by
any public body,
or paid for wholly or in part | 6 | | out of public funds. "Public works" as
defined herein includes | 7 | | all projects financed in whole
or in part with bonds, grants, | 8 | | loans, or other funds made available by or through the State or | 9 | | any of its political subdivisions, including but not limited | 10 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 11 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 12 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 13 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 14 | | the Build Illinois Bond Act; loans or other funds made
| 15 | | available pursuant to the Build Illinois Act; loans or other | 16 | | funds made available pursuant to the Riverfront Development | 17 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 18 | | Act; or funds from the Fund for
Illinois' Future under Section | 19 | | 6z-47 of the State Finance Act, funds for school
construction | 20 | | under Section 5 of the General Obligation Bond Act, funds
| 21 | | authorized under Section 3 of the School Construction Bond Act, | 22 | | funds for
school infrastructure under Section 6z-45 of the | 23 | | State Finance Act, and funds
for transportation purposes under | 24 | | Section 4 of the General Obligation Bond
Act. "Public works" | 25 | | also includes (i) all projects financed in whole or in part
| 26 | | with funds from the Department of Commerce and Economic |
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| 1 | | Opportunity under the Illinois Renewable Fuels Development | 2 | | Program
Act for which there is no project labor agreement; (ii) | 3 | | all work performed pursuant to a public private agreement under | 4 | | the Public Private Agreements for the Illiana Expressway Act or | 5 | | the Public-Private Agreements for the South Suburban Airport | 6 | | Act; and (iii) all projects undertaken under a public-private | 7 | | agreement under the Public-Private Partnerships for | 8 | | Transportation Act. "Public works" also includes all projects | 9 | | at leased facility property used for airport purposes under | 10 | | Section 35 of the Local Government Facility Lease Act. "Public | 11 | | works" also includes the construction of a new wind power | 12 | | facility by a business designated as a High Impact Business | 13 | | under Section 5.5(a)(3)(E) and a new utility-scale solar | 14 | | facility under Section 5.5 (a)(3)(G) of the Illinois Enterprise | 15 | | Zone Act.
"Public works" does not include work done directly by | 16 | | any public utility company, whether or not done under public | 17 | | supervision or direction, or paid for wholly or in part out of | 18 | | public funds. "Public works" also includes any corrective | 19 | | action performed pursuant to Title XVI of the Environmental | 20 | | Protection Act for which payment from the Underground Storage | 21 | | Tank Fund is requested. "Public works" does not include | 22 | | projects undertaken by the owner at an owner-occupied | 23 | | single-family residence or at an owner-occupied unit of a | 24 | | multi-family residence. "Public works" does not include work | 25 | | performed for soil and water conservation purposes on | 26 | | agricultural lands, whether or not done under public |
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| 1 | | supervision or paid for wholly or in part out of public funds, | 2 | | done directly by an owner or person who has legal control of | 3 | | those lands.
| 4 | | "Construction" means all work on public works involving | 5 | | laborers,
workers or mechanics. This includes any maintenance, | 6 | | repair, assembly, or disassembly work performed on equipment | 7 | | whether owned, leased, or rented.
| 8 | | "Locality" means the county where the physical work upon | 9 | | public works
is performed, except (1) that if there is not | 10 | | available in the county a
sufficient number of competent | 11 | | skilled laborers, workers and mechanics
to construct the public | 12 | | works efficiently and properly, "locality"
includes any other | 13 | | county nearest the one in which the work or
construction is to | 14 | | be performed and from which such persons may be
obtained in | 15 | | sufficient numbers to perform the work and (2) that, with
| 16 | | respect to contracts for highway work with the Department of
| 17 | | Transportation of this State, "locality" may at the discretion | 18 | | of the
Secretary of the Department of Transportation be | 19 | | construed to include
two or more adjacent counties from which | 20 | | workers may be accessible for
work on such construction.
| 21 | | "Public body" means the State or any officer, board or | 22 | | commission of
the State or any political subdivision or | 23 | | department thereof, or any
institution supported in whole or in | 24 | | part by public funds,
and includes every county, city, town,
| 25 | | village, township, school district, irrigation, utility, | 26 | | reclamation
improvement or other district and every other |
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| 1 | | political subdivision,
district or municipality of the state | 2 | | whether such political
subdivision, municipality or district | 3 | | operates under a special charter
or not.
| 4 | | The terms "general prevailing rate of hourly wages", | 5 | | "general
prevailing rate of wages" or "prevailing rate of | 6 | | wages" when used in
this Act mean the hourly cash wages plus | 7 | | annualized fringe benefits for training and
apprenticeship | 8 | | programs approved by the U.S. Department of Labor, Bureau of
| 9 | | Apprenticeship and Training, health and welfare, insurance, | 10 | | vacations and
pensions paid generally, in the
locality in which | 11 | | the work is being performed, to employees engaged in
work of a | 12 | | similar character on public works.
| 13 | | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | 14 | | 98-482, eff. 1-1-14; 98-740, eff. 7-16-14; 98-756, eff. | 15 | | 7-16-14.)
| 16 | | (Text of Section after amendment by P.A. 100-1177 ) | 17 | | Sec. 2. This Act applies to the wages of laborers, | 18 | | mechanics and
other workers employed in any public works, as | 19 | | hereinafter defined, by
any public body and to anyone under | 20 | | contracts for public works. This includes any maintenance, | 21 | | repair, assembly, or disassembly work performed on equipment | 22 | | whether owned, leased, or rented.
| 23 | | As used in this Act, unless the context indicates | 24 | | otherwise:
| 25 | | "Public works" means all fixed works constructed or |
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| 1 | | demolished by
any public body,
or paid for wholly or in part | 2 | | out of public funds. "Public works" as
defined herein includes | 3 | | all projects financed in whole
or in part with bonds, grants, | 4 | | loans, or other funds made available by or through the State or | 5 | | any of its political subdivisions, including but not limited | 6 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 7 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 8 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 9 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 10 | | the Build Illinois Bond Act; loans or other funds made
| 11 | | available pursuant to the Build Illinois Act; loans or other | 12 | | funds made available pursuant to the Riverfront Development | 13 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 14 | | Act; or funds from the Fund for
Illinois' Future under Section | 15 | | 6z-47 of the State Finance Act, funds for school
construction | 16 | | under Section 5 of the General Obligation Bond Act, funds
| 17 | | authorized under Section 3 of the School Construction Bond Act, | 18 | | funds for
school infrastructure under Section 6z-45 of the | 19 | | State Finance Act, and funds
for transportation purposes under | 20 | | Section 4 of the General Obligation Bond
Act. "Public works" | 21 | | also includes (i) all projects financed in whole or in part
| 22 | | with funds from the Department of Commerce and Economic | 23 | | Opportunity under the Illinois Renewable Fuels Development | 24 | | Program
Act for which there is no project labor agreement; (ii) | 25 | | all work performed pursuant to a public private agreement under | 26 | | the Public Private Agreements for the Illiana Expressway Act or |
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| 1 | | the Public-Private Agreements for the South Suburban Airport | 2 | | Act; and (iii) all projects undertaken under a public-private | 3 | | agreement under the Public-Private Partnerships for | 4 | | Transportation Act. "Public works" also includes all projects | 5 | | at leased facility property used for airport purposes under | 6 | | Section 35 of the Local Government Facility Lease Act. "Public | 7 | | works" also includes the construction of a new wind power | 8 | | facility by a business designated as a High Impact Business | 9 | | under Section 5.5(a)(3)(E) and a new utility-scale solar | 10 | | facility under Section 5.5 (a)(3)(G) of the Illinois Enterprise | 11 | | Zone Act.
"Public works" does not include work done directly by | 12 | | any public utility company, whether or not done under public | 13 | | supervision or direction, or paid for wholly or in part out of | 14 | | public funds. "Public works" also includes any corrective | 15 | | action performed pursuant to Title XVI of the Environmental | 16 | | Protection Act for which payment from the Underground Storage | 17 | | Tank Fund is requested. "Public works" does not include | 18 | | projects undertaken by the owner at an owner-occupied | 19 | | single-family residence or at an owner-occupied unit of a | 20 | | multi-family residence. "Public works" does not include work | 21 | | performed for soil and water conservation purposes on | 22 | | agricultural lands, whether or not done under public | 23 | | supervision or paid for wholly or in part out of public funds, | 24 | | done directly by an owner or person who has legal control of | 25 | | those lands.
| 26 | | "Construction" means all work on public works involving |
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| 1 | | laborers,
workers or mechanics. This includes any maintenance, | 2 | | repair, assembly, or disassembly work performed on equipment | 3 | | whether owned, leased, or rented.
| 4 | | "Locality" means the county where the physical work upon | 5 | | public works
is performed, except (1) that if there is not | 6 | | available in the county a
sufficient number of competent | 7 | | skilled laborers, workers and mechanics
to construct the public | 8 | | works efficiently and properly, "locality"
includes any other | 9 | | county nearest the one in which the work or
construction is to | 10 | | be performed and from which such persons may be
obtained in | 11 | | sufficient numbers to perform the work and (2) that, with
| 12 | | respect to contracts for highway work with the Department of
| 13 | | Transportation of this State, "locality" may at the discretion | 14 | | of the
Secretary of the Department of Transportation be | 15 | | construed to include
two or more adjacent counties from which | 16 | | workers may be accessible for
work on such construction.
| 17 | | "Public body" means the State or any officer, board or | 18 | | commission of
the State or any political subdivision or | 19 | | department thereof, or any
institution supported in whole or in | 20 | | part by public funds,
and includes every county, city, town,
| 21 | | village, township, school district, irrigation, utility, | 22 | | reclamation
improvement or other district and every other | 23 | | political subdivision,
district or municipality of the state | 24 | | whether such political
subdivision, municipality or district | 25 | | operates under a special charter
or not.
| 26 | | "Labor organization" means an organization that is the |
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| 1 | | exclusive representative of an
employer's employees recognized | 2 | | or certified pursuant to the National Labor Relations Act. | 3 | | The terms "general prevailing rate of hourly wages", | 4 | | "general
prevailing rate of wages" or "prevailing rate of | 5 | | wages" when used in
this Act mean the hourly cash wages plus | 6 | | annualized fringe benefits for training and
apprenticeship | 7 | | programs approved by the U.S. Department of Labor, Bureau of
| 8 | | Apprenticeship and Training, health and welfare, insurance, | 9 | | vacations and
pensions paid generally, in the
locality in which | 10 | | the work is being performed, to employees engaged in
work of a | 11 | | similar character on public works.
| 12 | | (Source: P.A. 100-1177, eff. 6-1-19.)
| 13 | | Section 95. No acceleration or delay. Where this Act makes | 14 | | changes in a statute that is represented in this Act by text | 15 | | that is not yet or no longer in effect (for example, a Section | 16 | | represented by multiple versions), the use of that text does | 17 | | not accelerate or delay the taking effect of (i) the changes | 18 | | made by this Act or (ii) provisions derived from any other | 19 | | Public Act. |
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