Sen. Michael E. Hastings

Filed: 4/16/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2480

2    AMENDMENT NO. ______. Amend Senate Bill 2480 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Illinois Hazardous Materials Workforce Training Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Apprenticeable occupation" means an occupation in the
8building and construction trades for which training and
9apprenticeship programs have been approved by and registered
10with the U.S. Department of Labor, Bureau of Apprenticeship and
11Training.
12    "Apprenticeship program" means an applicable training and
13apprenticeship program approved by and registered with the U.S.
14Department of Labor, Bureau of Apprenticeship and Training.
15    "Approved advanced safety training for workers at high
16hazard facilities" means a curriculum of in-person classroom

 

 

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1and laboratory instruction for approved advanced safety
2training established by rule by the Department.
3    "Community college" means a college organized under the
4Public Community College Act.
5    "Construction" means all work at a stationary source
6involving laborers, workers or mechanics. "Construction"
7includes any maintenance, repair, assembly, or disassembly
8work performed on equipment whether owned, leased, or rented.
9    "Department" means the Department of Labor.
10    "Director" means the Director of Labor.
11    "Owner or operator" means an owner or operator of a
12stationary source that is engaged in activities described in
13Code 324110 or 325110 of the 2012 North American Industry
14Classification System (NAICS), and has one or more covered
15processes that are required to prepare and submit a Risk
16Management Plan. "Owner or operator" does not include oil and
17gas extraction operations.
18    "Prevailing hourly wage rate" has the same meaning as
19"general prevailing rate of hourly wages" as defined in Section
202 of the Prevailing Wage Act.
21    "Registered apprentice" means an apprentice registered in
22an applicable apprenticeship program for an apprenticeable
23occupation approved by, and registered with, the U.S.
24Department of Labor, Bureau of Apprenticeship and Training.
25    "Skilled journeyperson" means a worker who meets all of the
26following criteria:

 

 

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1        (1) the worker either graduated from an approved
2    apprenticeship program for the applicable occupation, or
3    has at least as many hours of on-the-job experience in the
4    applicable occupation that would be required to graduate
5    from an approved apprenticeship program for the applicable
6    occupation;
7        (2) the worker is being paid at least a rate equivalent
8    to the prevailing hourly wage rate for a journeyperson in
9    the applicable occupation and locality; and
10        (3) beginning on or after January 1, 2022, the worker
11    has completed, within the prior 2 calendar years, at least
12    20 hours of approved advanced safety training for workers
13    at high hazard facilities.
14    "Skilled and trained workforce" means a workforce that
15meets all of the following criteria:
16        (1) all the workers are either registered apprentices
17    or skilled journeypersons;
18        (2) beginning on January 1, 2019, at least 30% of the
19    skilled journeypersons are graduates of an apprenticeship
20    program for the applicable occupation;
21        (3) beginning on January 1, 2020, at least 45% of the
22    skilled journeypersons are graduates of an apprenticeship
23    program for the applicable occupation; and
24        (4) beginning on January 1, 2021, at least 60% of the
25    skilled journeypersons are graduates of an apprenticeship
26    program for the applicable occupation.

 

 

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1    "Stationary source" means that term as it is defined under
2Section 39.5 of the Environmental Protection Act.
 
3    Section 10. Advanced safety training.
4    (a) The Department shall develop by rule a curriculum of
5approved advanced safety training for workers at high hazard
6facilities. That training shall be available through the
7Department or instruction may be provided by a community
8college. The Department shall approve a curriculum in
9accordance with this subsection (a) by January 1, 2020, and
10shall periodically revise the curriculum to reflect current
11best practices. Upon receipt of certification from the
12apprenticeship program or community college, the Department
13shall issue a certificate to a worker who completes the
14approved training.
15    (b) An owner or operator, when contracting for the
16performance of construction work at the stationary source,
17shall require that its contractors and any subcontractors use a
18skilled and trained workforce to perform all onsite work within
19an apprenticeable occupation in the building and construction
20trades.
21    (c) The requirements of this Section shall not apply to
22contracts awarded before January 1, 2019, unless the contract
23is extended or renewed after that date.
24    (d) The requirements of this Section shall not apply to the
25employees of the owner or operator of the stationary source or

 

 

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1prevent the owner or operator of the stationary source from
2using its own employees to perform any work that has not been
3assigned to contractors while the employees of the contractor
4are present and working.
5    (e) The skilled and trained workforce requirements under
6this Section shall not apply to:
7        (1) Contractors that have requested qualified workers
8    from the local hiring halls that dispatch workers in the
9    apprenticeable occupation and, due to workforce shortages,
10    the contractor is unable to obtain sufficient qualified
11    workers within 48 hours of the request, Saturdays, Sundays,
12    and holidays excepted. This Act shall not prevent
13    contractors from obtaining workers from any source.
14        (2) An emergency where compliance is impracticable;
15    namely, an emergency requires immediate action to prevent
16    harm to public health or safety or to the environment.
17    However, the criteria shall apply as soon as the emergency
18    is over or it becomes practicable for contractors to obtain
19    a qualified workforce.
 
20    Section 15. The Illinois Hazardous Materials Workforce
21Training Fund. The Illinois Hazardous Materials Workforce
22Training Fund is created as a special fund in the State
23treasury, to which the Department shall deposit all moneys
24collected pursuant to Section 20 of this Act.
 

 

 

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1    Section 20. Penalties. An owner or operator who violates
2the requirements of this Act shall be subject to a civil
3penalty not to exceed $10,000 for each violation. Each day a
4violation of this Act occurs shall be considered a separate
5violation. The penalty may be recovered in a civil action
6brought by the Director in any circuit court. In the civil
7action, the Director shall be represented by the Attorney
8General. All moneys received by the Department as fees and
9civil penalties under this Act shall be deposited into the
10Illinois Hazardous Materials Workforce Training Fund, and
11shall be appropriated by the General Assembly to the Department
12for administration, investigation, and other expenses incurred
13in carrying out its powers and duties under this Act.
 
14    Section 25. The State Finance Act is amended by adding
15Section 5.886 as follows:
 
16    (30 ILCS 105/5.886 new)
17    Sec. 5.886. The Illinois Hazardous Materials Workforce
18Training Fund.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".