101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0249

 

Introduced , by Rep. Lawrence Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.891 new

    Creates the Illinois Hazardous Materials Workforce Training Act. Provides that the Environmental Protection Agency shall develop by rule a curriculum of approved advanced safety training for workers at high hazard facilities. Provides that an owner or operator, when contracting for the performance of construction work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. Provides a penalty for violation of the Act. Creates the Illinois Hazardous Materials Workforce Training Fund as a special fund in the State treasury. Makes corresponding changes in the State Finance Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0249LRB101 05192 CPF 50204 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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    "Agency" means the Environmental Protection Agency.
8    "Apprenticeable occupation" means an occupation in the
9building and construction trades for which training and
10apprenticeship programs have been approved by and registered
11with the U.S. Department of Labor, Bureau of Apprenticeship and
12Training.
13    "Apprenticeship program" means an applicable training and
14apprenticeship program approved by and registered with the U.S.
15Department of Labor, Bureau of Apprenticeship and Training.
16    "Approved advanced safety training for workers at high
17hazard facilities" means a curriculum of in-person classroom
18and laboratory instruction for approved advanced safety
19training established by rule by the Environmental Protection
20Agency.
21    "Community college" means a college organized under the
22Public Community College Act.
23    "Construction" means all work at a stationary source

 

 

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

 

 

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1    occupation;
2        (2) the worker is being paid at least a rate equivalent
3    to the prevailing hourly wage rate for a journeyperson in
4    the applicable occupation and locality; and
5        (3) beginning on or after January 1, 2023, the worker
6    has completed, within the prior 2 calendar years, at least
7    20 hours of approved advanced safety training for workers
8    at high hazard facilities.
9    "Skilled and trained workforce" means a workforce that
10meets all of the following criteria:
11        (1) all the workers are either registered apprentices
12    or skilled journeypersons;
13        (2) beginning on January 1, 2020, at least 30% of the
14    skilled journeypersons are graduates of an apprenticeship
15    program for the applicable occupation;
16        (3) beginning on January 1, 2021, at least 45% of the
17    skilled journeypersons are graduates of an apprenticeship
18    program for the applicable occupation; and
19        (4) beginning on January 1, 2022, at least 60% of the
20    skilled journeypersons are graduates of an apprenticeship
21    program for the applicable occupation.
22    "Stationary source" means that term as it is defined under
23Section 39.5 of the Environmental Protection Act.
 
24    Section 10. Advanced safety training.
25    (a) The Agency shall develop by rule a curriculum of

 

 

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1approved advanced safety training for workers at high hazard
2facilities. That training shall be available through the Agency
3or instruction may be provided by a community college. The
4Agency shall approve a curriculum in accordance with this
5subsection (a) by January 1, 2021, and shall periodically
6revise the curriculum to reflect current best practices. Upon
7receipt of certification from the apprenticeship program or
8community college, the Agency shall issue a certificate to a
9worker who completes the approved training.
10    (b) An owner or operator, when contracting for the
11performance of construction work at the stationary source,
12shall require that its contractors and any subcontractors use a
13skilled and trained workforce to perform all onsite work within
14an apprenticeable occupation in the building and construction
15trades.
16    (c) The requirements of this Section shall not apply to
17contracts awarded before January 1, 2020, unless the contract
18is extended or renewed after that date.
19    (d) The requirements of this Section shall not apply to the
20employees of the owner or operator of the stationary source or
21prevent the owner or operator of the stationary source from
22using its own employees to perform any work that has not been
23assigned to contractors while the employees of the contractor
24are present and working.
25    (e) The skilled and trained workforce requirements under
26this Section shall not apply to:

 

 

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1        (1) Contractors that have requested qualified workers
2    from the local hiring halls that dispatch workers in the
3    apprenticeable occupation and, due to workforce shortages,
4    the contractor is unable to obtain sufficient qualified
5    workers within 48 hours of the request, Saturdays, Sundays,
6    and holidays excepted. This Act shall not prevent
7    contractors from obtaining workers from any source.
8        (2) An emergency where compliance is impracticable;
9    namely, an emergency requires immediate action to prevent
10    harm to public health or safety or to the environment.
11    However, the criteria shall apply as soon as the emergency
12    is over or it becomes practicable for contractors to obtain
13    a qualified workforce.
 
14    Section 15. The Illinois Hazardous Materials Workforce
15Training Fund. The Illinois Hazardous Materials Workforce
16Training Fund is created as a special fund in the State
17treasury, to which the Agency shall deposit all moneys
18collected pursuant to Section 20 of this Act.
 
19    Section 20. Penalties. An owner or operator who violates
20the requirements of this Act shall be subject to a civil
21penalty not to exceed $10,000 for each violation. Each day a
22violation of this Act occurs shall be considered a separate
23violation. The penalty may be recovered in a civil action
24brought by the Director in any circuit court. In the civil

 

 

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1action, the Director shall be represented by the Attorney
2General. All moneys received by the Agency as fees and civil
3penalties under this Act shall be deposited into the Illinois
4Hazardous Materials Workforce Training Fund, and shall be
5appropriated by the General Assembly to the Agency for
6administration, investigation, and other expenses incurred in
7carrying out its powers and duties under this Act.
 
8    Section 25. The State Finance Act is amended by adding
9Section 5.891 as follows:
 
10    (30 ILCS 105/5.891 new)
11    Sec. 5.891. The Illinois Hazardous Materials Workforce
12Training Fund.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.