Illinois General Assembly - Full Text of HB3666
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Full Text of HB3666  102nd General Assembly

HB3666enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3666 EnrolledLRB102 13525 CPF 18872 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Electric Vehicle Act is amended by changing
5Sections 55 and 60 as follows:
 
6    (20 ILCS 627/55)
7    Sec. 55. Charging rebate program.
8    (a) In order to substantially offset the installation
9costs of electric vehicle charging infrastructure, beginning
10July 1, 2022, and continuing as long as funds are available,
11the Agency shall issue rebates, consistent with the
12Commission-approved Beneficial Electrification Plans in
13accordance with Section 45, to public and private
14organizations and companies to install and maintain Level 2 or
15Level 3 charging stations.
16    (b) The Agency shall award rebates or grants that fund up
17to 80% of the cost of the installation of charging stations.
18The Agency shall award additional incentives per port for
19every charging station installed in an eligible community and
20every charging station located to support eligible persons. In
21order to be eligible to receive a rebate or grant, the
22organization or company must submit an application to the
23Agency and commit to paying the prevailing wage for the

 

 

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1installation project. The Agency shall by rule provide
2application and other programmatic details and requirements,
3including additional incentives for eligible communities. The
4Agency may determine per port or project caps based on a review
5of best practices and stakeholder engagement. The Agency shall
6accept applications on a rolling basis and shall award rebates
7or grants within 60 days of each application. The Agency must
8require that any grant or rebate applicant comply with the
9requirements of the Prevailing Wage Act for any may not award
10rebates or grants to an organization or company that does not
11pay the prevailing wage for the installation of a charging
12station for which it seeks a rebate or grant.
13(Source: P.A. 102-662, eff. 9-15-21.)
 
14    (20 ILCS 627/60)
15    (Section scheduled to be repealed on January 1, 2024)
16    Sec. 60. Study on loss of infrastructure funds and
17replacement options. The Illinois Department of Transportation
18shall conduct a study to be delivered to the members of the
19Illinois General Assembly and made available to the public no
20later than September 30, 2022. The study shall consider how
21the proliferation of electric vehicles will adversely affect
22resources needed for transportation infrastructure and take
23into consideration any relevant federal actions. The study
24shall identify the potential revenue loss and offer multiple
25options for replacing those lost revenues. The Illinois

 

 

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1Department of Transportation shall collaborate with
2organizations representing businesses involved in designing
3and building transportation infrastructure, organized labor,
4the general business community, and users of the system. In
5addition, the Illinois Department of Transportation may
6collaborate with other state agencies, including but not
7limited to the Illinois Secretary of State and the Illinois
8Department of Revenue.
9    This Section is repealed on January 1, 2024.
10(Source: P.A. 102-662, eff. 9-15-21.)
 
11    Section 10. The Illinois Enterprise Zone Act is amended by
12changing Section 5.5 as follows:
 
13    (20 ILCS 655/5.5)   (from Ch. 67 1/2, par. 609.1)
14    Sec. 5.5. High Impact Business.
15    (a) In order to respond to unique opportunities to assist
16in the encouragement, development, growth, and expansion of
17the private sector through large scale investment and
18development projects, the Department is authorized to receive
19and approve applications for the designation of "High Impact
20Businesses" in Illinois subject to the following conditions:
21        (1) such applications may be submitted at any time
22    during the year;
23        (2) such business is not located, at the time of
24    designation, in an enterprise zone designated pursuant to

 

 

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1    this Act;
2        (3) the business intends to do one or more of the
3    following:
4            (A) the business intends to make a minimum
5        investment of $12,000,000 which will be placed in
6        service in qualified property and intends to create
7        500 full-time equivalent jobs at a designated location
8        in Illinois or intends to make a minimum investment of
9        $30,000,000 which will be placed in service in
10        qualified property and intends to retain 1,500
11        full-time retained jobs at a designated location in
12        Illinois. The business must certify in writing that
13        the investments would not be placed in service in
14        qualified property and the job creation or job
15        retention would not occur without the tax credits and
16        exemptions set forth in subsection (b) of this
17        Section. The terms "placed in service" and "qualified
18        property" have the same meanings as described in
19        subsection (h) of Section 201 of the Illinois Income
20        Tax Act; or
21            (B) the business intends to establish a new
22        electric generating facility at a designated location
23        in Illinois. "New electric generating facility", for
24        purposes of this Section, means a newly-constructed
25        electric generation plant or a newly-constructed
26        generation capacity expansion at an existing electric

 

 

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1        generation plant, including the transmission lines and
2        associated equipment that transfers electricity from
3        points of supply to points of delivery, and for which
4        such new foundation construction commenced not sooner
5        than July 1, 2001. Such facility shall be designed to
6        provide baseload electric generation and shall operate
7        on a continuous basis throughout the year; and (i)
8        shall have an aggregate rated generating capacity of
9        at least 1,000 megawatts for all new units at one site
10        if it uses natural gas as its primary fuel and
11        foundation construction of the facility is commenced
12        on or before December 31, 2004, or shall have an
13        aggregate rated generating capacity of at least 400
14        megawatts for all new units at one site if it uses coal
15        or gases derived from coal as its primary fuel and
16        shall support the creation of at least 150 new
17        Illinois coal mining jobs, or (ii) shall be funded
18        through a federal Department of Energy grant before
19        December 31, 2010 and shall support the creation of
20        Illinois coal-mining jobs, or (iii) shall use coal
21        gasification or integrated gasification-combined cycle
22        units that generate electricity or chemicals, or both,
23        and shall support the creation of Illinois coal-mining
24        jobs. The business must certify in writing that the
25        investments necessary to establish a new electric
26        generating facility would not be placed in service and

 

 

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1        the job creation in the case of a coal-fueled plant
2        would not occur without the tax credits and exemptions
3        set forth in subsection (b-5) of this Section. The
4        term "placed in service" has the same meaning as
5        described in subsection (h) of Section 201 of the
6        Illinois Income Tax Act; or
7            (B-5) the business intends to establish a new
8        gasification facility at a designated location in
9        Illinois. As used in this Section, "new gasification
10        facility" means a newly constructed coal gasification
11        facility that generates chemical feedstocks or
12        transportation fuels derived from coal (which may
13        include, but are not limited to, methane, methanol,
14        and nitrogen fertilizer), that supports the creation
15        or retention of Illinois coal-mining jobs, and that
16        qualifies for financial assistance from the Department
17        before December 31, 2010. A new gasification facility
18        does not include a pilot project located within
19        Jefferson County or within a county adjacent to
20        Jefferson County for synthetic natural gas from coal;
21        or
22            (C) the business intends to establish production
23        operations at a new coal mine, re-establish production
24        operations at a closed coal mine, or expand production
25        at an existing coal mine at a designated location in
26        Illinois not sooner than July 1, 2001; provided that

 

 

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1        the production operations result in the creation of
2        150 new Illinois coal mining jobs as described in
3        subdivision (a)(3)(B) of this Section, and further
4        provided that the coal extracted from such mine is
5        utilized as the predominant source for a new electric
6        generating facility. The business must certify in
7        writing that the investments necessary to establish a
8        new, expanded, or reopened coal mine would not be
9        placed in service and the job creation would not occur
10        without the tax credits and exemptions set forth in
11        subsection (b-5) of this Section. The term "placed in
12        service" has the same meaning as described in
13        subsection (h) of Section 201 of the Illinois Income
14        Tax Act; or
15            (D) the business intends to construct new
16        transmission facilities or upgrade existing
17        transmission facilities at designated locations in
18        Illinois, for which construction commenced not sooner
19        than July 1, 2001. For the purposes of this Section,
20        "transmission facilities" means transmission lines
21        with a voltage rating of 115 kilovolts or above,
22        including associated equipment, that transfer
23        electricity from points of supply to points of
24        delivery and that transmit a majority of the
25        electricity generated by a new electric generating
26        facility designated as a High Impact Business in

 

 

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1        accordance with this Section. The business must
2        certify in writing that the investments necessary to
3        construct new transmission facilities or upgrade
4        existing transmission facilities would not be placed
5        in service without the tax credits and exemptions set
6        forth in subsection (b-5) of this Section. The term
7        "placed in service" has the same meaning as described
8        in subsection (h) of Section 201 of the Illinois
9        Income Tax Act; or
10            (E) the business intends to establish a new wind
11        power facility at a designated location in Illinois.
12        For purposes of this Section, "new wind power
13        facility" means a newly constructed electric
14        generation facility, or a newly constructed expansion
15        of an existing electric generation facility, placed in
16        service on or after July 1, 2009, that generates
17        electricity using wind energy devices, and such
18        facility shall be deemed to include all associated
19        transmission lines, substations, and other equipment
20        related to the generation of electricity from wind
21        energy devices. For purposes of this Section, "wind
22        energy device" means any device, with a nameplate
23        capacity of at least 0.5 megawatts, that is used in the
24        process of converting kinetic energy from the wind to
25        generate electricity; or
26            (F) the business commits to (i) make a minimum

 

 

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1        investment of $500,000,000, which will be placed in
2        service in a qualified property, (ii) create 125
3        full-time equivalent jobs at a designated location in
4        Illinois, (iii) establish a fertilizer plant at a
5        designated location in Illinois that complies with the
6        set-back standards as described in Table 1: Initial
7        Isolation and Protective Action Distances in the 2012
8        Emergency Response Guidebook published by the United
9        States Department of Transportation, (iv) pay a
10        prevailing wage for employees at that location who are
11        engaged in construction activities, and (v) secure an
12        appropriate level of general liability insurance to
13        protect against catastrophic failure of the fertilizer
14        plant or any of its constituent systems; in addition,
15        the business must agree to enter into a construction
16        project labor agreement including provisions
17        establishing wages, benefits, and other compensation
18        for employees performing work under the project labor
19        agreement at that location; for the purposes of this
20        Section, "fertilizer plant" means a newly constructed
21        or upgraded plant utilizing gas used in the production
22        of anhydrous ammonia and downstream nitrogen
23        fertilizer products for resale; for the purposes of
24        this Section, "prevailing wage" means the hourly cash
25        wages plus fringe benefits for training and
26        apprenticeship programs approved by the U.S.

 

 

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1        Department of Labor, Bureau of Apprenticeship and
2        Training, health and welfare, insurance, vacations and
3        pensions paid generally, in the locality in which the
4        work is being performed, to employees engaged in work
5        of a similar character on public works; this paragraph
6        (F) applies only to businesses that submit an
7        application to the Department within 60 days after
8        July 25, 2013 (the effective date of Public Act
9        98-109) this amendatory Act of the 98th General
10        Assembly; and
11        (4) no later than 90 days after an application is
12    submitted, the Department shall notify the applicant of
13    the Department's determination of the qualification of the
14    proposed High Impact Business under this Section.
15    (b) Businesses designated as High Impact Businesses
16pursuant to subdivision (a)(3)(A) of this Section shall
17qualify for the credits and exemptions described in the
18following Acts: Section 9-222 and Section 9-222.1A of the
19Public Utilities Act, subsection (h) of Section 201 of the
20Illinois Income Tax Act, and Section 1d of the Retailers'
21Occupation Tax Act; provided that these credits and exemptions
22described in these Acts shall not be authorized until the
23minimum investments set forth in subdivision (a)(3)(A) of this
24Section have been placed in service in qualified properties
25and, in the case of the exemptions described in the Public
26Utilities Act and Section 1d of the Retailers' Occupation Tax

 

 

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1Act, the minimum full-time equivalent jobs or full-time
2retained jobs set forth in subdivision (a)(3)(A) of this
3Section have been created or retained. Businesses designated
4as High Impact Businesses under this Section shall also
5qualify for the exemption described in Section 5l of the
6Retailers' Occupation Tax Act. The credit provided in
7subsection (h) of Section 201 of the Illinois Income Tax Act
8shall be applicable to investments in qualified property as
9set forth in subdivision (a)(3)(A) of this Section.
10    (b-5) Businesses designated as High Impact Businesses
11pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
12and (a)(3)(D) of this Section shall qualify for the credits
13and exemptions described in the following Acts: Section 51 of
14the Retailers' Occupation Tax Act, Section 9-222 and Section
159-222.1A of the Public Utilities Act, and subsection (h) of
16Section 201 of the Illinois Income Tax Act; however, the
17credits and exemptions authorized under Section 9-222 and
18Section 9-222.1A of the Public Utilities Act, and subsection
19(h) of Section 201 of the Illinois Income Tax Act shall not be
20authorized until the new electric generating facility, the new
21gasification facility, the new transmission facility, or the
22new, expanded, or reopened coal mine is operational, except
23that a new electric generating facility whose primary fuel
24source is natural gas is eligible only for the exemption under
25Section 5l of the Retailers' Occupation Tax Act.
26    (b-6) Businesses designated as High Impact Businesses

 

 

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1pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this
2Section shall qualify for the exemptions described in Section
35l of the Retailers' Occupation Tax Act; any business so
4designated as a High Impact Business being, for purposes of
5this Section, a "Wind Energy Business".
6    (b-7) Beginning on January 1, 2021, businesses designated
7as High Impact Businesses by the Department shall qualify for
8the High Impact Business construction jobs credit under
9subsection (h-5) of Section 201 of the Illinois Income Tax Act
10if the business meets the criteria set forth in subsection (i)
11of this Section. The total aggregate amount of credits awarded
12under the Blue Collar Jobs Act (Article 20 of Public Act 101-9
13this amendatory Act of the 101st General Assembly) shall not
14exceed $20,000,000 in any State fiscal year.
15    (c) High Impact Businesses located in federally designated
16foreign trade zones or sub-zones are also eligible for
17additional credits, exemptions and deductions as described in
18the following Acts: Section 9-221 and Section 9-222.1 of the
19Public Utilities Act; and subsection (g) of Section 201, and
20Section 203 of the Illinois Income Tax Act.
21    (d) Except for businesses contemplated under subdivision
22(a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois
23businesses which apply for designation as a High Impact
24Business must provide the Department with the prospective plan
25for which 1,500 full-time retained jobs would be eliminated in
26the event that the business is not designated.

 

 

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1    (e) Except for new wind power facilities contemplated
2under subdivision (a)(3)(E) of this Section, new proposed
3facilities which apply for designation as High Impact Business
4must provide the Department with proof of alternative
5non-Illinois sites which would receive the proposed investment
6and job creation in the event that the business is not
7designated as a High Impact Business.
8    (f) Except for businesses contemplated under subdivision
9(a)(3)(E) of this Section, in the event that a business is
10designated a High Impact Business and it is later determined
11after reasonable notice and an opportunity for a hearing as
12provided under the Illinois Administrative Procedure Act, that
13the business would have placed in service in qualified
14property the investments and created or retained the requisite
15number of jobs without the benefits of the High Impact
16Business designation, the Department shall be required to
17immediately revoke the designation and notify the Director of
18the Department of Revenue who shall begin proceedings to
19recover all wrongfully exempted State taxes with interest. The
20business shall also be ineligible for all State funded
21Department programs for a period of 10 years.
22    (g) The Department shall revoke a High Impact Business
23designation if the participating business fails to comply with
24the terms and conditions of the designation. However, the
25penalties for new wind power facilities or Wind Energy
26Businesses for failure to comply with any of the terms or

 

 

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1conditions of the Illinois Prevailing Wage Act shall be only
2those penalties identified in the Illinois Prevailing Wage
3Act, and the Department shall not revoke a High Impact
4Business designation as a result of the failure to comply with
5any of the terms or conditions of the Illinois Prevailing Wage
6Act in relation to a new wind power facility or a Wind Energy
7Business.
8    (h) Prior to designating a business, the Department shall
9provide the members of the General Assembly and Commission on
10Government Forecasting and Accountability with a report
11setting forth the terms and conditions of the designation and
12guarantees that have been received by the Department in
13relation to the proposed business being designated.
14    (i) High Impact Business construction jobs credit.
15Beginning on January 1, 2021, a High Impact Business may
16receive a tax credit against the tax imposed under subsections
17(a) and (b) of Section 201 of the Illinois Income Tax Act in an
18amount equal to 50% of the amount of the incremental income tax
19attributable to High Impact Business construction jobs credit
20employees employed in the course of completing a High Impact
21Business construction jobs project. However, the High Impact
22Business construction jobs credit may equal 75% of the amount
23of the incremental income tax attributable to High Impact
24Business construction jobs credit employees if the High Impact
25Business construction jobs credit project is located in an
26underserved area.

 

 

HB3666 Enrolled- 15 -LRB102 13525 CPF 18872 b

1    The Department shall certify to the Department of Revenue:
2(1) the identity of taxpayers that are eligible for the High
3Impact Business construction jobs credit; and (2) the amount
4of High Impact Business construction jobs credits that are
5claimed pursuant to subsection (h-5) of Section 201 of the
6Illinois Income Tax Act in each taxable year. Any business
7entity that receives a High Impact Business construction jobs
8credit shall maintain a certified payroll pursuant to
9subsection (j) of this Section.
10    As used in this subsection (i):
11    "High Impact Business construction jobs credit" means an
12amount equal to 50% (or 75% if the High Impact Business
13construction project is located in an underserved area) of the
14incremental income tax attributable to High Impact Business
15construction job employees. The total aggregate amount of
16credits awarded under the Blue Collar Jobs Act (Article 20 of
17Public Act 101-9 this amendatory Act of the 101st General
18Assembly) shall not exceed $20,000,000 in any State fiscal
19year
20    "High Impact Business construction job employee" means a
21laborer or worker who is employed by an Illinois contractor or
22subcontractor in the actual construction work on the site of a
23High Impact Business construction job project.
24    "High Impact Business construction jobs project" means
25building a structure or building or making improvements of any
26kind to real property, undertaken and commissioned by a

 

 

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1business that was designated as a High Impact Business by the
2Department. The term "High Impact Business construction jobs
3project" does not include the routine operation, routine
4repair, or routine maintenance of existing structures,
5buildings, or real property.
6    "Incremental income tax" means the total amount withheld
7during the taxable year from the compensation of High Impact
8Business construction job employees.
9    "Underserved area" means a geographic area that meets one
10or more of the following conditions:
11        (1) the area has a poverty rate of at least 20%
12    according to the latest federal decennial census;
13        (2) 75% or more of the children in the area
14    participate in the federal free lunch program according to
15    reported statistics from the State Board of Education;
16        (3) at least 20% of the households in the area receive
17    assistance under the Supplemental Nutrition Assistance
18    Program (SNAP); or
19        (4) the area has an average unemployment rate, as
20    determined by the Illinois Department of Employment
21    Security, that is more than 120% of the national
22    unemployment average, as determined by the U.S. Department
23    of Labor, for a period of at least 2 consecutive calendar
24    years preceding the date of the application.
25    (j) Each contractor and subcontractor who is engaged in
26and executing a High Impact Business Construction jobs

 

 

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1project, as defined under subsection (i) of this Section, for
2a business that is entitled to a credit pursuant to subsection
3(i) of this Section shall:
4        (1) make and keep, for a period of 5 years from the
5    date of the last payment made on or after June 5, 2019 (the
6    effective date of Public Act 101-9) this amendatory Act of
7    the 101st General Assembly on a contract or subcontract
8    for a High Impact Business Construction Jobs Project,
9    records for all laborers and other workers employed by the
10    contractor or subcontractor on the project; the records
11    shall include:
12            (A) the worker's name;
13            (B) the worker's address;
14            (C) the worker's telephone number, if available;
15            (D) the worker's social security number;
16            (E) the worker's classification or
17        classifications;
18            (F) the worker's gross and net wages paid in each
19        pay period;
20            (G) the worker's number of hours worked each day;
21            (H) the worker's starting and ending times of work
22        each day;
23            (I) the worker's hourly wage rate; and
24            (J) the worker's hourly overtime wage rate;
25            (K) the worker's race and ethnicity; and
26            (L) the worker's gender;

 

 

HB3666 Enrolled- 18 -LRB102 13525 CPF 18872 b

1        (2) no later than the 15th day of each calendar month,
2    provide a certified payroll for the immediately preceding
3    month to the taxpayer in charge of the High Impact
4    Business construction jobs project; within 5 business days
5    after receiving the certified payroll, the taxpayer shall
6    file the certified payroll with the Department of Labor
7    and the Department of Commerce and Economic Opportunity; a
8    certified payroll must be filed for only those calendar
9    months during which construction on a High Impact Business
10    construction jobs project has occurred; the certified
11    payroll shall consist of a complete copy of the records
12    identified in paragraph (1) of this subsection (j), but
13    may exclude the starting and ending times of work each
14    day; the certified payroll shall be accompanied by a
15    statement signed by the contractor or subcontractor or an
16    officer, employee, or agent of the contractor or
17    subcontractor which avers that:
18            (A) he or she has examined the certified payroll
19        records required to be submitted by the Act and such
20        records are true and accurate; and
21            (B) the contractor or subcontractor is aware that
22        filing a certified payroll that he or she knows to be
23        false is a Class A misdemeanor.
24    A general contractor is not prohibited from relying on a
25certified payroll of a lower-tier subcontractor, provided the
26general contractor does not knowingly rely upon a

 

 

HB3666 Enrolled- 19 -LRB102 13525 CPF 18872 b

1subcontractor's false certification.
2    Any contractor or subcontractor subject to this
3subsection, and any officer, employee, or agent of such
4contractor or subcontractor whose duty as an officer,
5employee, or agent it is to file a certified payroll under this
6subsection, who willfully fails to file such a certified
7payroll on or before the date such certified payroll is
8required by this paragraph to be filed and any person who
9willfully files a false certified payroll that is false as to
10any material fact is in violation of this Act and guilty of a
11Class A misdemeanor.
12    The taxpayer in charge of the project shall keep the
13records submitted in accordance with this subsection on or
14after June 5, 2019 (the effective date of Public Act 101-9)
15this amendatory Act of the 101st General Assembly for a period
16of 5 years from the date of the last payment for work on a
17contract or subcontract for the High Impact Business
18construction jobs project.
19    The records submitted in accordance with this subsection
20shall be considered public records, except an employee's
21address, telephone number, and social security number, and
22made available in accordance with the Freedom of Information
23Act. The Department of Labor shall accept any reasonable
24submissions by the contractor that meet the requirements of
25this subsection (j) and shall share the information with the
26Department in order to comply with the awarding of a High

 

 

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1Impact Business construction jobs credit. A contractor,
2subcontractor, or public body may retain records required
3under this Section in paper or electronic format.
4    (k) Upon 7 business days' notice, each contractor and
5subcontractor shall make available for inspection and copying
6at a location within this State during reasonable hours, the
7records identified in this subsection (j) to the taxpayer in
8charge of the High Impact Business construction jobs project,
9its officers and agents, the Director of the Department of
10Labor and his or her deputies and agents, and to federal,
11State, or local law enforcement agencies and prosecutors.
12(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
 
13    Section 15. The Public Utilities Act is amended by
14changing Section 5-117 as follows:
 
15    (220 ILCS 5/5-117)
16    Sec. 5-117. Supplier diversity goals.
17    (a) The public policy of this State is to collaboratively
18work with companies that serve Illinois residents to improve
19their supplier diversity in a non-antagonistic manner.
20    (b) The Commission shall require all gas, electric, and
21water companies with at least 100,000 customers under its
22authority, as well as suppliers of wind energy, solar energy,
23hydroelectricity, nuclear energy, and any other supplier of
24energy within this State other than wind energy and solar

 

 

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1energy required to comply with the reporting requirements
2under Section 1505-215 of the Department of Labor Law of the
3Civil Administrative Code of Illinois, to submit an annual
4report by April 15, 2015 and every April 15 thereafter, in a
5searchable Adobe PDF format, on all procurement goals and
6actual spending for female-owned, minority-owned,
7veteran-owned, and small business enterprises in the previous
8calendar year. These goals shall be expressed as a percentage
9of the total work performed by the entity submitting the
10report, and the actual spending for all female-owned,
11minority-owned, veteran-owned, and small business enterprises
12shall also be expressed as a percentage of the total work
13performed by the entity submitting the report.
14    (c) Each participating company in its annual report shall
15include the following information:
16        (1) an explanation of the plan for the next year to
17    increase participation;
18        (2) an explanation of the plan to increase the goals;
19        (3) the areas of procurement each company shall be
20    actively seeking more participation in the next year;
21        (4) an outline of the plan to alert and encourage
22    potential vendors in that area to seek business from the
23    company;
24        (5) an explanation of the challenges faced in finding
25    quality vendors and offer any suggestions for what the
26    Commission could do to be helpful to identify those

 

 

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1    vendors;
2        (6) a list of the certifications the company
3    recognizes;
4        (7) the point of contact for any potential vendor who
5    wishes to do business with the company and explain the
6    process for a vendor to enroll with the company as a
7    minority-owned, women-owned, or veteran-owned company; and
8        (8) any particular success stories to encourage other
9    companies to emulate best practices.
10    (d) Each annual report shall include as much
11State-specific data as possible. If the submitting entity does
12not submit State-specific data, then the company shall include
13any national data it does have and explain why it could not
14submit State-specific data and how it intends to do so in
15future reports, if possible.
16    (e) Each annual report shall include the rules,
17regulations, and definitions used for the procurement goals in
18the company's annual report.
19    (f) The Commission and all participating entities shall
20hold an annual workshop open to the public in 2015 and every
21year thereafter on the state of supplier diversity to
22collaboratively seek solutions to structural impediments to
23achieving stated goals, including testimony from each
24participating entity as well as subject matter experts and
25advocates. The Commission shall publish a database on its
26website of the point of contact for each participating entity

 

 

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1for supplier diversity, along with a list of certifications
2each company recognizes from the information submitted in each
3annual report. The Commission shall publish each annual report
4on its website and shall maintain each annual report for at
5least 5 years.
6(Source: P.A. 102-558, eff. 8-20-21; 102-662, eff. 9-15-21.)
 
7    Section 20. The Energy Assistance Act is amended by
8changing Section 13 as follows:
 
9    (305 ILCS 20/13)
10    (Text of Section from P.A. 102-16)
11    (Section scheduled to be repealed on January 1, 2025)
12    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
13    (a) The Supplemental Low-Income Energy Assistance Fund is
14hereby created as a special fund in the State Treasury.
15Notwithstanding any other law to the contrary, the
16Supplemental Low-Income Energy Assistance Fund is not subject
17to sweeps, administrative charge-backs, or any other fiscal or
18budgetary maneuver that would in any way transfer any amounts
19from the Supplemental Low-Income Energy Assistance Fund into
20any other fund of the State. The Supplemental Low-Income
21Energy Assistance Fund is authorized to receive moneys from
22voluntary donations from individuals, foundations,
23corporations, and other sources, moneys received pursuant to
24Section 17, and, by statutory deposit, the moneys collected

 

 

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1pursuant to this Section. The Fund is also authorized to
2receive voluntary donations from individuals, foundations,
3corporations, and other sources. Subject to appropriation, the
4Department shall use moneys from the Supplemental Low-Income
5Energy Assistance Fund for payments to electric or gas public
6utilities, municipal electric or gas utilities, and electric
7cooperatives on behalf of their customers who are participants
8in the program authorized by Sections 4 and 18 of this Act, for
9the provision of weatherization services and for
10administration of the Supplemental Low-Income Energy
11Assistance Fund. All other deposits outside of the Energy
12Assistance Charge as set forth in subsection (b) are not
13subject to the percentage restrictions related to
14administrative and weatherization expenses provided in this
15subsection. The yearly expenditures for weatherization may not
16exceed 10% of the amount collected during the year pursuant to
17this Section, except when unspent funds from the Supplemental
18Low-Income Energy Assistance Fund are reallocated from a
19previous year; any unspent balance of the 10% weatherization
20allowance may be utilized for weatherization expenses in the
21year they are reallocated. The yearly administrative expenses
22of the Supplemental Low-Income Energy Assistance Fund may not
23exceed 13% of the amount collected during that year pursuant
24to this Section, except when unspent funds from the
25Supplemental Low-Income Energy Assistance Fund are reallocated
26from a previous year; any unspent balance of the 13%

 

 

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1administrative allowance may be utilized for administrative
2expenses in the year they are reallocated. Of the 13%
3administrative allowance, no less than 8% shall be provided to
4Local Administrative Agencies for administrative expenses.
5    (b) Notwithstanding the provisions of Section 16-111 of
6the Public Utilities Act but subject to subsection (k) of this
7Section, each public utility, electric cooperative, as defined
8in Section 3.4 of the Electric Supplier Act, and municipal
9utility, as referenced in Section 3-105 of the Public
10Utilities Act, that is engaged in the delivery of electricity
11or the distribution of natural gas within the State of
12Illinois shall, effective January 1, 2022 2021, assess each of
13its customer accounts a monthly Energy Assistance Charge for
14the Supplemental Low-Income Energy Assistance Fund. The
15delivering public utility, municipal electric or gas utility,
16or electric or gas cooperative for a self-assessing purchaser
17remains subject to the collection of the fee imposed by this
18Section. The monthly charge shall be as follows:
19        (1) Base Energy Assistance Charge per month on each
20    account for residential electrical service;
21        (2) Base Energy Assistance Charge per month on each
22    account for residential gas service;
23        (3) Ten times the Base Energy Assistance Charge per
24    month on each account for non-residential electric service
25    which had less than 10 megawatts of peak demand during the
26    previous calendar year;

 

 

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1        (4) Ten times the Base Energy Assistance Charge per
2    month on each account for non-residential gas service
3    which had distributed to it less than 4,000,000 therms of
4    gas during the previous calendar year;
5        (5) Three hundred and seventy-five times the Base
6    Energy Assistance Charge per month on each account for
7    non-residential electric service which had 10 megawatts or
8    greater of peak demand during the previous calendar year;
9    and
10        (6) Three hundred and seventy-five times the Base
11    Energy Assistance Charge per month on each account For
12    non-residential gas service which had 4,000,000 or more
13    therms of gas distributed to it during the previous
14    calendar year.
15    The Base Energy Assistance Charge shall be $0.48 per month
16for the calendar year beginning January 1, 2022 and shall
17increase by $0.16 per month for any calendar year, provided no
18less than 80% of the previous State fiscal year's available
19Supplemental Low-Income Energy Assistance Fund funding was
20exhausted. The maximum Base Energy Assistance Charge shall not
21exceed $0.96 per month for any calendar year.
22    The incremental change to such charges imposed by Public
23Act 99-933 and this amendatory Act of the 102nd General
24Assembly shall not (i) be used for any purpose other than to
25directly assist customers and (ii) be applicable to utilities
26serving less than 100,000 25,000 customers in Illinois on

 

 

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1January 1, 2021. The incremental change to such charges
2imposed by this amendatory Act of the 102nd General Assembly
3are intended to increase utilization of the Percentage of
4Income Payment Plan (PIPP or PIP Plan) and shall be applied
5such that PIP Plan enrollment is at least doubled, as compared
6to 2020 enrollment, by 2024.
7    In addition, electric and gas utilities have committed,
8and shall contribute, a one-time payment of $22 million to the
9Fund, within 10 days after the effective date of the tariffs
10established pursuant to Sections 16-111.8 and 19-145 of the
11Public Utilities Act to be used for the Department's cost of
12implementing the programs described in Section 18 of this
13amendatory Act of the 96th General Assembly, the Arrearage
14Reduction Program described in Section 18, and the programs
15described in Section 8-105 of the Public Utilities Act. If a
16utility elects not to file a rider within 90 days after the
17effective date of this amendatory Act of the 96th General
18Assembly, then the contribution from such utility shall be
19made no later than February 1, 2010.
20    (c) For purposes of this Section:
21        (1) "residential electric service" means electric
22    utility service for household purposes delivered to a
23    dwelling of 2 or fewer units which is billed under a
24    residential rate, or electric utility service for
25    household purposes delivered to a dwelling unit or units
26    which is billed under a residential rate and is registered

 

 

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1    by a separate meter for each dwelling unit;
2        (2) "residential gas service" means gas utility
3    service for household purposes distributed to a dwelling
4    of 2 or fewer units which is billed under a residential
5    rate, or gas utility service for household purposes
6    distributed to a dwelling unit or units which is billed
7    under a residential rate and is registered by a separate
8    meter for each dwelling unit;
9        (3) "non-residential electric service" means electric
10    utility service which is not residential electric service;
11    and
12        (4) "non-residential gas service" means gas utility
13    service which is not residential gas service.
14    (d) Within 30 days after the effective date of this
15amendatory Act of the 96th General Assembly, each public
16utility engaged in the delivery of electricity or the
17distribution of natural gas shall file with the Illinois
18Commerce Commission tariffs incorporating the Energy
19Assistance Charge in other charges stated in such tariffs,
20which shall become effective no later than the beginning of
21the first billing cycle following such filing.
22    (e) The Energy Assistance Charge assessed by electric and
23gas public utilities shall be considered a charge for public
24utility service.
25    (f) By the 20th day of the month following the month in
26which the charges imposed by the Section were collected, each

 

 

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1public utility, municipal utility, and electric cooperative
2shall remit to the Department of Revenue all moneys received
3as payment of the Energy Assistance Charge on a return
4prescribed and furnished by the Department of Revenue showing
5such information as the Department of Revenue may reasonably
6require; provided, however, that a utility offering an
7Arrearage Reduction Program or Supplemental Arrearage
8Reduction Program pursuant to Section 18 of this Act shall be
9entitled to net those amounts necessary to fund and recover
10the costs of such Programs as authorized by that Section that
11is no more than the incremental change in such Energy
12Assistance Charge authorized by Public Act 96-33. If a
13customer makes a partial payment, a public utility, municipal
14utility, or electric cooperative may elect either: (i) to
15apply such partial payments first to amounts owed to the
16utility or cooperative for its services and then to payment
17for the Energy Assistance Charge or (ii) to apply such partial
18payments on a pro-rata basis between amounts owed to the
19utility or cooperative for its services and to payment for the
20Energy Assistance Charge.
21    If any payment provided for in this Section exceeds the
22distributor's liabilities under this Act, as shown on an
23original return, the Department may authorize the distributor
24to credit such excess payment against liability subsequently
25to be remitted to the Department under this Act, in accordance
26with reasonable rules adopted by the Department. If the

 

 

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1Department subsequently determines that all or any part of the
2credit taken was not actually due to the distributor, the
3distributor's discount shall be reduced by an amount equal to
4the difference between the discount as applied to the credit
5taken and that actually due, and that distributor shall be
6liable for penalties and interest on such difference.
7    (g) The Department of Revenue shall deposit into the
8Supplemental Low-Income Energy Assistance Fund all moneys
9remitted to it in accordance with subsection (f) of this
10Section. The utilities shall coordinate with the Department to
11establish an equitable and practical methodology for
12implementing this subsection (g) beginning with the 2010
13program year.
14    (h) On or before December 31, 2002, the Department shall
15prepare a report for the General Assembly on the expenditure
16of funds appropriated from the Low-Income Energy Assistance
17Block Grant Fund for the program authorized under Section 4 of
18this Act.
19    (i) The Department of Revenue may establish such rules as
20it deems necessary to implement this Section.
21    (j) The Department of Commerce and Economic Opportunity
22may establish such rules as it deems necessary to implement
23this Section.
24    (k) The charges imposed by this Section shall only apply
25to customers of municipal electric or gas utilities and
26electric or gas cooperatives if the municipal electric or gas

 

 

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1utility or electric or gas cooperative makes an affirmative
2decision to impose the charge. If a municipal electric or gas
3utility or an electric cooperative makes an affirmative
4decision to impose the charge provided by this Section, the
5municipal electric or gas utility or electric cooperative
6shall inform the Department of Revenue in writing of such
7decision when it begins to impose the charge. If a municipal
8electric or gas utility or electric or gas cooperative does
9not assess this charge, the Department may not use funds from
10the Supplemental Low-Income Energy Assistance Fund to provide
11benefits to its customers under the program authorized by
12Section 4 of this Act.
13    In its use of federal funds under this Act, the Department
14may not cause a disproportionate share of those federal funds
15to benefit customers of systems which do not assess the charge
16provided by this Section.
17    This Section is repealed on January 1, 2025 unless renewed
18by action of the General Assembly.
19(Source: P.A. 102-16, eff. 6-17-21.)
 
20    (Text of Section from P.A. 102-176)
21    (Section scheduled to be repealed on January 1, 2025)
22    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
23    (a) The Supplemental Low-Income Energy Assistance Fund is
24hereby created as a special fund in the State Treasury. The
25Supplemental Low-Income Energy Assistance Fund is authorized

 

 

HB3666 Enrolled- 32 -LRB102 13525 CPF 18872 b

1to receive moneys from voluntary donations from individuals,
2foundations, corporations, and other sources, moneys received
3pursuant to Section 17, and, by statutory deposit, the moneys
4collected pursuant to this Section. The Fund is also
5authorized to receive voluntary donations from individuals,
6foundations, corporations, and other sources. Subject to
7appropriation, the Department shall use moneys from the
8Supplemental Low-Income Energy Assistance Fund for payments to
9electric or gas public utilities, municipal electric or gas
10utilities, and electric cooperatives on behalf of their
11customers who are participants in the program authorized by
12Sections 4 and 18 of this Act, for the provision of
13weatherization services and for administration of the
14Supplemental Low-Income Energy Assistance Fund. All other
15deposits outside of the Energy Assistance Charge as set forth
16in subsection (b) are not subject to the percentage
17restrictions related to administrative and weatherization
18expenses provided in this subsection. The yearly expenditures
19for weatherization may not exceed 10% of the amount collected
20during the year pursuant to this Section, except when unspent
21funds from the Supplemental Low-Income Energy Assistance Fund
22are reallocated from a previous year; any unspent balance of
23the 10% weatherization allowance may be utilized for
24weatherization expenses in the year they are reallocated. The
25yearly administrative expenses of the Supplemental Low-Income
26Energy Assistance Fund may not exceed 13% of the amount

 

 

HB3666 Enrolled- 33 -LRB102 13525 CPF 18872 b

1collected during that year pursuant to this Section, except
2when unspent funds from the Supplemental Low-Income Energy
3Assistance Fund are reallocated from a previous year; any
4unspent balance of the 13% administrative allowance may be
5utilized for administrative expenses in the year they are
6reallocated. Of the 13% administrative allowance, no less than
78% shall be provided to Local Administrative Agencies for
8administrative expenses.
9    (b) Notwithstanding the provisions of Section 16-111 of
10the Public Utilities Act but subject to subsection (k) of this
11Section, each public utility, electric cooperative, as defined
12in Section 3.4 of the Electric Supplier Act, and municipal
13utility, as referenced in Section 3-105 of the Public
14Utilities Act, that is engaged in the delivery of electricity
15or the distribution of natural gas within the State of
16Illinois shall, effective January 1, 2022, assess each of its
17customer accounts a monthly Energy Assistance Charge for the
18Supplemental Low-Income Energy Assistance Fund. The delivering
19public utility, municipal electric or gas utility, or electric
20or gas cooperative for a self-assessing purchaser remains
21subject to the collection of the fee imposed by this Section.
22The monthly charge shall be as follows:
23        (1) Base Energy Assistance Charge per month on each
24    account for residential electrical service;
25        (2) Base Energy Assistance Charge per month on each
26    account for residential gas service;

 

 

HB3666 Enrolled- 34 -LRB102 13525 CPF 18872 b

1        (3) Ten times the Base Energy Assistance Charge per
2    month on each account for non-residential electric service
3    which had less than 10 megawatts of peak demand during the
4    previous calendar year;
5        (4) Ten times the Base Energy Assistance Charge per
6    month on each account for non-residential gas service
7    which had distributed to it less than 4,000,000 therms of
8    gas during the previous calendar year;
9        (5) Three hundred and seventy-five times the Base
10    Energy Assistance Charge per month on each account for
11    non-residential electric service which had 10 megawatts or
12    greater of peak demand during the previous calendar year;
13    and
14        (6) Three hundred and seventy-five times the Base
15    Energy Assistance Charge per month on each account for
16    non-residential gas service which had 4,000,000 or more
17    therms of gas distributed to it during the previous
18    calendar year.
19    The Base Energy Assistance Charge shall be $0.48 per month
20for the calendar year beginning January 1, 2022 and shall
21increase by $0.16 per month for any calendar year, provided no
22less than 80% of the previous State fiscal year's available
23Supplemental Low-Income Energy Assistance Fund funding was
24exhausted. The maximum Base Energy Assistance Charge shall not
25exceed $0.96 per month for any calendar year.
26    The incremental change to such charges imposed by Public

 

 

HB3666 Enrolled- 35 -LRB102 13525 CPF 18872 b

1Act 99-933 and this amendatory Act of the 102nd General
2Assembly shall not (i) be used for any purpose other than to
3directly assist customers and (ii) be applicable to utilities
4serving less than 100,000 25,000 customers in Illinois on
5January 1, 2021. The incremental change to such charges
6imposed by this amendatory Act of the 102nd General Assembly
7are intended to increase utilization of the Percentage of
8Income Payment Plan (PIPP or PIP Plan) and shall be applied
9such that PIP Plan enrollment is at least doubled, as compared
10to 2020 enrollment, by 2024.
11    In addition, electric and gas utilities have committed,
12and shall contribute, a one-time payment of $22 million to the
13Fund, within 10 days after the effective date of the tariffs
14established pursuant to Sections 16-111.8 and 19-145 of the
15Public Utilities Act to be used for the Department's cost of
16implementing the programs described in Section 18 of this
17amendatory Act of the 96th General Assembly, the Arrearage
18Reduction Program described in Section 18, and the programs
19described in Section 8-105 of the Public Utilities Act. If a
20utility elects not to file a rider within 90 days after the
21effective date of this amendatory Act of the 96th General
22Assembly, then the contribution from such utility shall be
23made no later than February 1, 2010.
24    (c) For purposes of this Section:
25        (1) "residential electric service" means electric
26    utility service for household purposes delivered to a

 

 

HB3666 Enrolled- 36 -LRB102 13525 CPF 18872 b

1    dwelling of 2 or fewer units which is billed under a
2    residential rate, or electric utility service for
3    household purposes delivered to a dwelling unit or units
4    which is billed under a residential rate and is registered
5    by a separate meter for each dwelling unit;
6        (2) "residential gas service" means gas utility
7    service for household purposes distributed to a dwelling
8    of 2 or fewer units which is billed under a residential
9    rate, or gas utility service for household purposes
10    distributed to a dwelling unit or units which is billed
11    under a residential rate and is registered by a separate
12    meter for each dwelling unit;
13        (3) "non-residential electric service" means electric
14    utility service which is not residential electric service;
15    and
16        (4) "non-residential gas service" means gas utility
17    service which is not residential gas service.
18    (d) Within 30 days after the effective date of this
19amendatory Act of the 96th General Assembly, each public
20utility engaged in the delivery of electricity or the
21distribution of natural gas shall file with the Illinois
22Commerce Commission tariffs incorporating the Energy
23Assistance Charge in other charges stated in such tariffs,
24which shall become effective no later than the beginning of
25the first billing cycle following such filing.
26    (e) The Energy Assistance Charge assessed by electric and

 

 

HB3666 Enrolled- 37 -LRB102 13525 CPF 18872 b

1gas public utilities shall be considered a charge for public
2utility service.
3    (f) By the 20th day of the month following the month in
4which the charges imposed by the Section were collected, each
5public utility, municipal utility, and electric cooperative
6shall remit to the Department of Revenue all moneys received
7as payment of the Energy Assistance Charge on a return
8prescribed and furnished by the Department of Revenue showing
9such information as the Department of Revenue may reasonably
10require; provided, however, that a utility offering an
11Arrearage Reduction Program or Supplemental Arrearage
12Reduction Program pursuant to Section 18 of this Act shall be
13entitled to net those amounts necessary to fund and recover
14the costs of such Programs as authorized by that Section that
15is no more than the incremental change in such Energy
16Assistance Charge authorized by Public Act 96-33. If a
17customer makes a partial payment, a public utility, municipal
18utility, or electric cooperative may elect either: (i) to
19apply such partial payments first to amounts owed to the
20utility or cooperative for its services and then to payment
21for the Energy Assistance Charge or (ii) to apply such partial
22payments on a pro-rata basis between amounts owed to the
23utility or cooperative for its services and to payment for the
24Energy Assistance Charge.
25    If any payment provided for in this Section exceeds the
26distributor's liabilities under this Act, as shown on an

 

 

HB3666 Enrolled- 38 -LRB102 13525 CPF 18872 b

1original return, the Department may authorize the distributor
2to credit such excess payment against liability subsequently
3to be remitted to the Department under this Act, in accordance
4with reasonable rules adopted by the Department. If the
5Department subsequently determines that all or any part of the
6credit taken was not actually due to the distributor, the
7distributor's discount shall be reduced by an amount equal to
8the difference between the discount as applied to the credit
9taken and that actually due, and that distributor shall be
10liable for penalties and interest on such difference.
11    (g) The Department of Revenue shall deposit into the
12Supplemental Low-Income Energy Assistance Fund all moneys
13remitted to it in accordance with subsection (f) of this
14Section. The utilities shall coordinate with the Department to
15establish an equitable and practical methodology for
16implementing this subsection (g) beginning with the 2010
17program year.
18    (h) On or before December 31, 2002, the Department shall
19prepare a report for the General Assembly on the expenditure
20of funds appropriated from the Low-Income Energy Assistance
21Block Grant Fund for the program authorized under Section 4 of
22this Act.
23    (i) The Department of Revenue may establish such rules as
24it deems necessary to implement this Section.
25    (j) The Department of Commerce and Economic Opportunity
26may establish such rules as it deems necessary to implement

 

 

HB3666 Enrolled- 39 -LRB102 13525 CPF 18872 b

1this Section.
2    (k) The charges imposed by this Section shall only apply
3to customers of municipal electric or gas utilities and
4electric or gas cooperatives if the municipal electric or gas
5utility or electric or gas cooperative makes an affirmative
6decision to impose the charge. If a municipal electric or gas
7utility or an electric cooperative makes an affirmative
8decision to impose the charge provided by this Section, the
9municipal electric or gas utility or electric cooperative
10shall inform the Department of Revenue in writing of such
11decision when it begins to impose the charge. If a municipal
12electric or gas utility or electric or gas cooperative does
13not assess this charge, the Department may not use funds from
14the Supplemental Low-Income Energy Assistance Fund to provide
15benefits to its customers under the program authorized by
16Section 4 of this Act.
17    In its use of federal funds under this Act, the Department
18may not cause a disproportionate share of those federal funds
19to benefit customers of systems which do not assess the charge
20provided by this Section.
21    This Section is repealed on January 1, 2025 unless renewed
22by action of the General Assembly.
23(Source: P.A. 102-176, eff. 6-1-22.)
 
24    Section 25. The Prevailing Wage Act is amended by changing
25Section 2 as follows:
 

 

 

HB3666 Enrolled- 40 -LRB102 13525 CPF 18872 b

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,
20or the 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

 

 

HB3666 Enrolled- 41 -LRB102 13525 CPF 18872 b

1under Section 5 of the General Obligation Bond Act, funds
2authorized under Section 3 of the School Construction Bond
3Act, funds for school infrastructure under Section 6z-45 of
4the State Finance Act, and funds for transportation purposes
5under Section 4 of the General Obligation Bond Act. "Public
6works" also includes (i) all projects financed in whole or in
7part with 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;
10(ii) all work performed pursuant to a public private agreement
11under the Public Private Agreements for the Illiana Expressway
12Act or the Public-Private Agreements for the South Suburban
13Airport Act; and (iii) all projects undertaken under a
14public-private agreement under the Public-Private Partnerships
15for Transportation Act. "Public works" also includes all
16projects at leased facility property used for airport purposes
17under Section 35 of the Local Government Facility Lease Act.
18"Public works" also includes the construction of a new wind
19power facility by a business designated as a High Impact
20Business under Section 5.5(a)(3)(E) and the construction of a
21new utility-scale solar power facility by a business
22designated as a High Impact Business under Section
235.5(a)(3)(E-5) of the Illinois Enterprise Zone Act. "Public
24works" also includes electric vehicle charging station
25projects financed pursuant to the Electric Vehicle Act and
26renewable energy projects required to pay the prevailing wage

 

 

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

 

 

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1in sufficient numbers to perform the work and (2) that, with
2respect to contracts for highway work with the Department of
3Transportation of this State, "locality" may at the discretion
4of the Secretary of the Department of Transportation be
5construed to include two or more adjacent counties from which
6workers may be accessible for work on such construction.
7    "Public body" means the State or any officer, board or
8commission of the State or any political subdivision or
9department thereof, or any institution supported in whole or
10in part by public funds, and includes every county, city,
11town, village, township, school district, irrigation, utility,
12reclamation improvement or other district and every other
13political subdivision, district or municipality of the state
14whether such political subdivision, municipality or district
15operates under a special charter or not.
16    "Labor organization" means an organization that is the
17exclusive representative of an employer's employees recognized
18or certified pursuant to the National Labor Relations Act.
19    The terms "general prevailing rate of hourly wages",
20"general prevailing rate of wages" or "prevailing rate of
21wages" when used in this Act mean the hourly cash wages plus
22annualized fringe benefits for training and apprenticeship
23programs approved by the U.S. Department of Labor, Bureau of
24Apprenticeship and Training, health and welfare, insurance,
25vacations and pensions paid generally, in the locality in
26which the work is being performed, to employees engaged in

 

 

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1work of a similar character on public works.
2(Source: P.A. 100-1177, eff. 6-1-19.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.