Full Text of SB3096 101st General Assembly
SB3096ham002 101ST GENERAL ASSEMBLY | Rep. William Davis Filed: 1/11/2021
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| 1 | | AMENDMENT TO SENATE BILL 3096
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3096, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 1, on page 22, by replacing lines 17 through 25 with the | 5 | | following:
| 6 | | " Any company that receives a renewable energy credit | 7 | | contract from the Emergency Relief for Renewable Jobs Program | 8 | | for projects over 500 kilowatts in nameplate capacity must | 9 | | certify that not less than the prevailing wage, as determined | 10 | | pursuant to the Prevailing Wage Act, was or will be paid to | 11 | | employees who are engaged in construction activities | 12 | | associated with the project. "; and | 13 | | on page 26, immediately below line 13, by inserting the | 14 | | following: | 15 | | "Section 10. The Prevailing Wage Act is amended by changing | 16 | | Section 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, | 3 | | mechanics and
other workers employed in any public works, as | 4 | | hereinafter defined, by
any public body and to anyone under | 5 | | contracts for public works. This includes any maintenance, | 6 | | repair, assembly, or disassembly work performed on equipment | 7 | | whether owned, leased, or rented.
| 8 | | As used in this Act, unless the context indicates | 9 | | otherwise:
| 10 | | "Public works" means all fixed works constructed or | 11 | | demolished by
any public body,
or paid for wholly or in part | 12 | | out of public funds. "Public works" as
defined herein includes | 13 | | all projects financed in whole
or in part with bonds, grants, | 14 | | loans, or other funds made available by or through the State or | 15 | | any of its political subdivisions, including but not limited | 16 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 17 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 18 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 19 | | Authority Act,
the Illinois Sports Facilities Authority Act, or | 20 | | the Build Illinois Bond Act; loans or other funds made
| 21 | | available pursuant to the Build Illinois Act; loans or other | 22 | | funds made available pursuant to the Riverfront Development | 23 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 24 | | Act; or funds from the Fund for
Illinois' Future under Section | 25 | | 6z-47 of the State Finance Act, funds for school
construction |
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| 1 | | under Section 5 of the General Obligation Bond Act, funds
| 2 | | authorized under Section 3 of the School Construction Bond Act, | 3 | | funds for
school infrastructure under Section 6z-45 of the | 4 | | State Finance Act, and funds
for transportation purposes under | 5 | | Section 4 of the General Obligation Bond
Act. "Public works" | 6 | | also includes (i) all projects financed in whole or in part
| 7 | | with funds from the Department of Commerce and Economic | 8 | | Opportunity under the Illinois Renewable Fuels Development | 9 | | Program
Act for which there is no project labor agreement; (ii) | 10 | | all work performed pursuant to a public private agreement under | 11 | | the Public Private Agreements for the Illiana Expressway Act or | 12 | | the Public-Private Agreements for the South Suburban Airport | 13 | | Act; and (iii) all projects undertaken under a public-private | 14 | | agreement under the Public-Private Partnerships for | 15 | | Transportation Act. "Public works" also includes all projects | 16 | | at leased facility property used for airport purposes under | 17 | | Section 35 of the Local Government Facility Lease Act. "Public | 18 | | works" also includes the construction of a new wind power | 19 | | facility by a business designated as a High Impact Business | 20 | | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act | 21 | | and any facility financed in whole or in part with renewable | 22 | | energy credits procured pursuant to paragraph (3) of subsection | 23 | | (k-5) of Section 16-108 of the Public Utilities Act .
"Public | 24 | | works" does not include work done directly by any public | 25 | | utility company, whether or not done under public supervision | 26 | | or direction, or paid for wholly or in part out of public |
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| 1 | | funds. "Public works" also includes any corrective action | 2 | | performed pursuant to Title XVI of the Environmental Protection | 3 | | Act for which payment from the Underground Storage Tank Fund is | 4 | | requested. "Public works" does not include projects undertaken | 5 | | by the owner at an owner-occupied single-family residence or at | 6 | | an owner-occupied unit of a multi-family residence. "Public | 7 | | works" does not include work performed for soil and water | 8 | | conservation purposes on agricultural lands, whether or not | 9 | | done under public supervision or paid for wholly or in part out | 10 | | of public funds, done directly by an owner or person who has | 11 | | legal control of those lands.
| 12 | | "Construction" means all work on public works involving | 13 | | laborers,
workers or mechanics. This includes any maintenance, | 14 | | repair, assembly, or disassembly work performed on equipment | 15 | | whether owned, leased, or rented.
| 16 | | "Locality" means the county where the physical work upon | 17 | | public works
is performed, except (1) that if there is not | 18 | | available in the county a
sufficient number of competent | 19 | | skilled laborers, workers and mechanics
to construct the public | 20 | | works efficiently and properly, "locality"
includes any other | 21 | | county nearest the one in which the work or
construction is to | 22 | | be performed and from which such persons may be
obtained in | 23 | | sufficient numbers to perform the work and (2) that, with
| 24 | | respect to contracts for highway work with the Department of
| 25 | | Transportation of this State, "locality" may at the discretion | 26 | | of the
Secretary of the Department of Transportation be |
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| 1 | | construed to include
two or more adjacent counties from which | 2 | | workers may be accessible for
work on such construction.
| 3 | | "Public body" means the State or any officer, board or | 4 | | commission of
the State or any political subdivision or | 5 | | department thereof, or any
institution supported in whole or in | 6 | | part by public funds,
and includes every county, city, town,
| 7 | | village, township, school district, irrigation, utility, | 8 | | reclamation
improvement or other district and every other | 9 | | political subdivision,
district or municipality of the state | 10 | | whether such political
subdivision, municipality or district | 11 | | operates under a special charter
or not.
| 12 | | "Labor organization" means an organization that is the | 13 | | exclusive representative of an
employer's employees recognized | 14 | | or certified pursuant to the National Labor Relations Act. | 15 | | The terms "general prevailing rate of hourly wages", | 16 | | "general
prevailing rate of wages" or "prevailing rate of | 17 | | wages" when used in
this Act mean the hourly cash wages plus | 18 | | annualized fringe benefits for training and
apprenticeship | 19 | | programs approved by the U.S. Department of Labor, Bureau of
| 20 | | Apprenticeship and Training, health and welfare, insurance, | 21 | | vacations and
pensions paid generally, in the
locality in which | 22 | | the work is being performed, to employees engaged in
work of a | 23 | | similar character on public works.
| 24 | | (Source: P.A. 100-1177, eff. 6-1-19 .)".
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