Illinois General Assembly - Full Text of SB3096
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Full Text of SB3096  101st General Assembly

SB3096ham003 101ST GENERAL ASSEMBLY

Rep. William Davis

Filed: 1/12/2021

 

 


 

 


 
10100SB3096ham003LRB101 18366 SPS 74877 a

1
AMENDMENT TO SENATE BILL 3096

2    AMENDMENT NO. ______. Amend Senate Bill 3096, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, on page 22, by replacing lines 17 through 25 with the
5following:
6    "Any company that receives a renewable energy credit
7contract from the Emergency Relief for Renewable Jobs Program
8for projects over 500 kilowatts in nameplate capacity must
9certify that not less than the prevailing wage, as determined
10pursuant to the Prevailing Wage Act, was or will be paid to
11employees who are engaged in construction activities
12associated with the project."; and
 
13on page 26, immediately below line 13, by inserting the
14following:
 
15    "Section 10. The Prevailing Wage Act is amended by changing
16Section 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
9otherwise:
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; loans or other
22funds made available pursuant to the Riverfront Development
23Fund under Section 10-15 of the River Edge Redevelopment Zone
24Act; or funds from the Fund for Illinois' Future under Section
256z-47 of the State Finance Act, funds for school construction

 

 

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1under Section 5 of the General Obligation Bond Act, funds
2authorized under Section 3 of the School Construction Bond Act,
3funds for school infrastructure under Section 6z-45 of the
4State Finance Act, and funds for transportation purposes under
5Section 4 of the General Obligation Bond Act. "Public works"
6also includes (i) all projects financed in whole or in part
7with funds from the Department of Commerce and Economic
8Opportunity under the Illinois Renewable Fuels Development
9Program Act for which there is no project labor agreement; (ii)
10all work performed pursuant to a public private agreement under
11the Public Private Agreements for the Illiana Expressway Act or
12the Public-Private Agreements for the South Suburban Airport
13Act; and (iii) all projects undertaken under a public-private
14agreement under the Public-Private Partnerships for
15Transportation Act. "Public works" also includes all projects
16at leased facility property used for airport purposes under
17Section 35 of the Local Government Facility Lease Act. "Public
18works" also includes the construction of a new wind power
19facility by a business designated as a High Impact Business
20under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act
21and any facility financed in whole or in part with renewable
22energy credits procured pursuant to paragraph (3) of subsection
23(k-5) of Section 16-108 of the Public Utilities Act. "Public
24works" does not include work done directly by any public
25utility company, whether or not done under public supervision
26or direction, or paid for wholly or in part out of public

 

 

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1funds. "Public works" also includes any corrective action
2performed pursuant to Title XVI of the Environmental Protection
3Act for which payment from the Underground Storage Tank Fund is
4requested. "Public works" does not include projects undertaken
5by the owner at an owner-occupied single-family residence or at
6an owner-occupied unit of a multi-family residence. "Public
7works" does not include work performed for soil and water
8conservation purposes on agricultural lands, whether or not
9done under public supervision or paid for wholly or in part out
10of public funds, done directly by an owner or person who has
11legal control of those lands.
12    "Construction" means all work on public works involving
13laborers, workers or mechanics. This includes any maintenance,
14repair, assembly, or disassembly work performed on equipment
15whether owned, leased, or rented.
16    "Locality" means the county where the physical work upon
17public works is performed, except (1) that if there is not
18available in the county a sufficient number of competent
19skilled laborers, workers and mechanics to construct the public
20works efficiently and properly, "locality" includes any other
21county nearest the one in which the work or construction is to
22be performed and from which such persons may be obtained in
23sufficient numbers to perform the work and (2) that, with
24respect to contracts for highway work with the Department of
25Transportation of this State, "locality" may at the discretion
26of the Secretary of the Department of Transportation be

 

 

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1construed to include two or more adjacent counties from which
2workers may be accessible for work on such construction.
3    "Public body" means the State or any officer, board or
4commission of the State or any political subdivision or
5department thereof, or any institution supported in whole or in
6part by public funds, and includes every county, city, town,
7village, township, school district, irrigation, utility,
8reclamation improvement or other district and every other
9political subdivision, district or municipality of the state
10whether such political subdivision, municipality or district
11operates under a special charter or not.
12    "Labor organization" means an organization that is the
13exclusive representative of an employer's employees recognized
14or 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
17wages" when used in this Act mean the hourly cash wages plus
18annualized fringe benefits for training and apprenticeship
19programs approved by the U.S. Department of Labor, Bureau of
20Apprenticeship and Training, health and welfare, insurance,
21vacations and pensions paid generally, in the locality in which
22the work is being performed, to employees engaged in work of a
23similar character on public works.
24(Source: P.A. 100-1177, eff. 6-1-19.)".