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

HB3666sam006 102ND GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 10/27/2021

 

 


 

 


 
10200HB3666sam006LRB102 13525 SPS 30199 a

1
AMENDMENT TO HOUSE BILL 3666

2    AMENDMENT NO. ______. Amend House Bill 3666 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Electric Vehicle Act is amended by
5changing Sections 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

 

 

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1to 80% of the cost of the installation of charging stations.
2The Agency shall award additional incentives per port for
3every charging station installed in an eligible community and
4every charging station located to support eligible persons. In
5order to be eligible to receive a rebate or grant, the
6organization or company must submit an application to the
7Agency and commit to paying the prevailing wage for the
8installation project. The Agency shall by rule provide
9application and other programmatic details and requirements,
10including additional incentives for eligible communities. The
11Agency may determine per port or project caps based on a review
12of best practices and stakeholder engagement. The Agency shall
13accept applications on a rolling basis and shall award rebates
14or grants within 60 days of each application. The Agency must
15require that any grant or rebate applicant comply with the
16requirements of the Prevailing Wage Act for any may not award
17rebates or grants to an organization or company that does not
18pay the prevailing wage for the installation of a charging
19station for which it seeks a rebate or grant.
20(Source: P.A. 102-662, eff. 9-15-21.)
 
21    (20 ILCS 627/60)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 60. Study on loss of infrastructure funds and
24replacement options. The Illinois Department of Transportation
25shall conduct a study to be delivered to the members of the

 

 

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1Illinois General Assembly and made available to the public no
2later than September 30, 2022. The study shall consider how
3the proliferation of electric vehicles will adversely affect
4resources needed for transportation infrastructure and take
5into consideration any relevant federal actions. The study
6shall identify the potential revenue loss and offer multiple
7options for replacing those lost revenues. The Illinois
8Department of Transportation shall collaborate with
9organizations representing businesses involved in designing
10and building transportation infrastructure, organized labor,
11the general business community, and users of the system. In
12addition, the Illinois Department of Transportation may
13collaborate with other state agencies, including but not
14limited to the Illinois Secretary of State and the Illinois
15Department of Revenue.
16    This Section is repealed on January 1, 2024.
17(Source: P.A. 102-662, eff. 9-15-21.)
 
18    Section 10. The Illinois Enterprise Zone Act is amended by
19changing Section 5.5 as follows:
 
20    (20 ILCS 655/5.5)   (from Ch. 67 1/2, par. 609.1)
21    Sec. 5.5. High Impact Business.
22    (a) In order to respond to unique opportunities to assist
23in the encouragement, development, growth, and expansion of
24the private sector through large scale investment and

 

 

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1development projects, the Department is authorized to receive
2and approve applications for the designation of "High Impact
3Businesses" in Illinois subject to the following conditions:
4        (1) such applications may be submitted at any time
5    during the year;
6        (2) such business is not located, at the time of
7    designation, in an enterprise zone designated pursuant to
8    this Act;
9        (3) the business intends to do one or more of the
10    following:
11            (A) the business intends to make a minimum
12        investment of $12,000,000 which will be placed in
13        service in qualified property and intends to create
14        500 full-time equivalent jobs at a designated location
15        in Illinois or intends to make a minimum investment of
16        $30,000,000 which will be placed in service in
17        qualified property and intends to retain 1,500
18        full-time retained jobs at a designated location in
19        Illinois. The business must certify in writing that
20        the investments would not be placed in service in
21        qualified property and the job creation or job
22        retention would not occur without the tax credits and
23        exemptions set forth in subsection (b) of this
24        Section. The terms "placed in service" and "qualified
25        property" have the same meanings as described in
26        subsection (h) of Section 201 of the Illinois Income

 

 

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1        Tax Act; or
2            (B) the business intends to establish a new
3        electric generating facility at a designated location
4        in Illinois. "New electric generating facility", for
5        purposes of this Section, means a newly-constructed
6        electric generation plant or a newly-constructed
7        generation capacity expansion at an existing electric
8        generation plant, including the transmission lines and
9        associated equipment that transfers electricity from
10        points of supply to points of delivery, and for which
11        such new foundation construction commenced not sooner
12        than July 1, 2001. Such facility shall be designed to
13        provide baseload electric generation and shall operate
14        on a continuous basis throughout the year; and (i)
15        shall have an aggregate rated generating capacity of
16        at least 1,000 megawatts for all new units at one site
17        if it uses natural gas as its primary fuel and
18        foundation construction of the facility is commenced
19        on or before December 31, 2004, or shall have an
20        aggregate rated generating capacity of at least 400
21        megawatts for all new units at one site if it uses coal
22        or gases derived from coal as its primary fuel and
23        shall support the creation of at least 150 new
24        Illinois coal mining jobs, or (ii) shall be funded
25        through a federal Department of Energy grant before
26        December 31, 2010 and shall support the creation of

 

 

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1        Illinois coal-mining jobs, or (iii) shall use coal
2        gasification or integrated gasification-combined cycle
3        units that generate electricity or chemicals, or both,
4        and shall support the creation of Illinois coal-mining
5        jobs. The business must certify in writing that the
6        investments necessary to establish a new electric
7        generating facility would not be placed in service and
8        the job creation in the case of a coal-fueled plant
9        would not occur without the tax credits and exemptions
10        set forth in subsection (b-5) of this Section. The
11        term "placed in service" has the same meaning as
12        described in subsection (h) of Section 201 of the
13        Illinois Income Tax Act; or
14            (B-5) the business intends to establish a new
15        gasification facility at a designated location in
16        Illinois. As used in this Section, "new gasification
17        facility" means a newly constructed coal gasification
18        facility that generates chemical feedstocks or
19        transportation fuels derived from coal (which may
20        include, but are not limited to, methane, methanol,
21        and nitrogen fertilizer), that supports the creation
22        or retention of Illinois coal-mining jobs, and that
23        qualifies for financial assistance from the Department
24        before December 31, 2010. A new gasification facility
25        does not include a pilot project located within
26        Jefferson County or within a county adjacent to

 

 

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1        Jefferson County for synthetic natural gas from coal;
2        or
3            (C) the business intends to establish production
4        operations at a new coal mine, re-establish production
5        operations at a closed coal mine, or expand production
6        at an existing coal mine at a designated location in
7        Illinois not sooner than July 1, 2001; provided that
8        the production operations result in the creation of
9        150 new Illinois coal mining jobs as described in
10        subdivision (a)(3)(B) of this Section, and further
11        provided that the coal extracted from such mine is
12        utilized as the predominant source for a new electric
13        generating facility. The business must certify in
14        writing that the investments necessary to establish a
15        new, expanded, or reopened coal mine would not be
16        placed in service and the job creation would not occur
17        without the tax credits and exemptions set forth in
18        subsection (b-5) of this Section. The term "placed in
19        service" has the same meaning as described in
20        subsection (h) of Section 201 of the Illinois Income
21        Tax Act; or
22            (D) the business intends to construct new
23        transmission facilities or upgrade existing
24        transmission facilities at designated locations in
25        Illinois, for which construction commenced not sooner
26        than July 1, 2001. For the purposes of this Section,

 

 

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1        "transmission facilities" means transmission lines
2        with a voltage rating of 115 kilovolts or above,
3        including associated equipment, that transfer
4        electricity from points of supply to points of
5        delivery and that transmit a majority of the
6        electricity generated by a new electric generating
7        facility designated as a High Impact Business in
8        accordance with this Section. The business must
9        certify in writing that the investments necessary to
10        construct new transmission facilities or upgrade
11        existing transmission facilities would not be placed
12        in service without the tax credits and exemptions set
13        forth in subsection (b-5) of this Section. The term
14        "placed in service" has the same meaning as described
15        in subsection (h) of Section 201 of the Illinois
16        Income Tax Act; or
17            (E) the business intends to establish a new wind
18        power facility at a designated location in Illinois.
19        For purposes of this Section, "new wind power
20        facility" means a newly constructed electric
21        generation facility, or a newly constructed expansion
22        of an existing electric generation facility, placed in
23        service on or after July 1, 2009, that generates
24        electricity using wind energy devices, and such
25        facility shall be deemed to include all associated
26        transmission lines, substations, and other equipment

 

 

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1        related to the generation of electricity from wind
2        energy devices. For purposes of this Section, "wind
3        energy device" means any device, with a nameplate
4        capacity of at least 0.5 megawatts, that is used in the
5        process of converting kinetic energy from the wind to
6        generate electricity; or
7            (F) the business commits to (i) make a minimum
8        investment of $500,000,000, which will be placed in
9        service in a qualified property, (ii) create 125
10        full-time equivalent jobs at a designated location in
11        Illinois, (iii) establish a fertilizer plant at a
12        designated location in Illinois that complies with the
13        set-back standards as described in Table 1: Initial
14        Isolation and Protective Action Distances in the 2012
15        Emergency Response Guidebook published by the United
16        States Department of Transportation, (iv) pay a
17        prevailing wage for employees at that location who are
18        engaged in construction activities, and (v) secure an
19        appropriate level of general liability insurance to
20        protect against catastrophic failure of the fertilizer
21        plant or any of its constituent systems; in addition,
22        the business must agree to enter into a construction
23        project labor agreement including provisions
24        establishing wages, benefits, and other compensation
25        for employees performing work under the project labor
26        agreement at that location; for the purposes of this

 

 

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1        Section, "fertilizer plant" means a newly constructed
2        or upgraded plant utilizing gas used in the production
3        of anhydrous ammonia and downstream nitrogen
4        fertilizer products for resale; for the purposes of
5        this Section, "prevailing wage" means the hourly cash
6        wages plus fringe benefits for training and
7        apprenticeship programs approved by the U.S.
8        Department of Labor, Bureau of Apprenticeship and
9        Training, health and welfare, insurance, vacations and
10        pensions paid generally, in the locality in which the
11        work is being performed, to employees engaged in work
12        of a similar character on public works; this paragraph
13        (F) applies only to businesses that submit an
14        application to the Department within 60 days after
15        July 25, 2013 (the effective date of Public Act
16        98-109) this amendatory Act of the 98th General
17        Assembly; and
18        (4) no later than 90 days after an application is
19    submitted, the Department shall notify the applicant of
20    the Department's determination of the qualification of the
21    proposed High Impact Business under this Section.
22    (b) Businesses designated as High Impact Businesses
23pursuant to subdivision (a)(3)(A) of this Section shall
24qualify for the credits and exemptions described in the
25following Acts: Section 9-222 and Section 9-222.1A of the
26Public Utilities Act, subsection (h) of Section 201 of the

 

 

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1Illinois Income Tax Act, and Section 1d of the Retailers'
2Occupation Tax Act; provided that these credits and exemptions
3described in these Acts shall not be authorized until the
4minimum investments set forth in subdivision (a)(3)(A) of this
5Section have been placed in service in qualified properties
6and, in the case of the exemptions described in the Public
7Utilities Act and Section 1d of the Retailers' Occupation Tax
8Act, the minimum full-time equivalent jobs or full-time
9retained jobs set forth in subdivision (a)(3)(A) of this
10Section have been created or retained. Businesses designated
11as High Impact Businesses under this Section shall also
12qualify for the exemption described in Section 5l of the
13Retailers' Occupation Tax Act. The credit provided in
14subsection (h) of Section 201 of the Illinois Income Tax Act
15shall be applicable to investments in qualified property as
16set forth in subdivision (a)(3)(A) of this Section.
17    (b-5) Businesses designated as High Impact Businesses
18pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
19and (a)(3)(D) of this Section shall qualify for the credits
20and exemptions described in the following Acts: Section 51 of
21the Retailers' Occupation Tax Act, Section 9-222 and Section
229-222.1A of the Public Utilities Act, and subsection (h) of
23Section 201 of the Illinois Income Tax Act; however, the
24credits and exemptions authorized under Section 9-222 and
25Section 9-222.1A of the Public Utilities Act, and subsection
26(h) of Section 201 of the Illinois Income Tax Act shall not be

 

 

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1authorized until the new electric generating facility, the new
2gasification facility, the new transmission facility, or the
3new, expanded, or reopened coal mine is operational, except
4that a new electric generating facility whose primary fuel
5source is natural gas is eligible only for the exemption under
6Section 5l of the Retailers' Occupation Tax Act.
7    (b-6) Businesses designated as High Impact Businesses
8pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this
9Section shall qualify for the exemptions described in Section
105l of the Retailers' Occupation Tax Act; any business so
11designated as a High Impact Business being, for purposes of
12this Section, a "Wind Energy Business".
13    (b-7) Beginning on January 1, 2021, businesses designated
14as High Impact Businesses by the Department shall qualify for
15the High Impact Business construction jobs credit under
16subsection (h-5) of Section 201 of the Illinois Income Tax Act
17if the business meets the criteria set forth in subsection (i)
18of this Section. The total aggregate amount of credits awarded
19under the Blue Collar Jobs Act (Article 20 of Public Act 101-9
20this amendatory Act of the 101st General Assembly) shall not
21exceed $20,000,000 in any State fiscal year.
22    (c) High Impact Businesses located in federally designated
23foreign trade zones or sub-zones are also eligible for
24additional credits, exemptions and deductions as described in
25the following Acts: Section 9-221 and Section 9-222.1 of the
26Public Utilities Act; and subsection (g) of Section 201, and

 

 

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1Section 203 of the Illinois Income Tax Act.
2    (d) Except for businesses contemplated under subdivision
3(a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois
4businesses which apply for designation as a High Impact
5Business must provide the Department with the prospective plan
6for which 1,500 full-time retained jobs would be eliminated in
7the event that the business is not designated.
8    (e) Except for new wind power facilities contemplated
9under subdivision (a)(3)(E) of this Section, new proposed
10facilities which apply for designation as High Impact Business
11must provide the Department with proof of alternative
12non-Illinois sites which would receive the proposed investment
13and job creation in the event that the business is not
14designated as a High Impact Business.
15    (f) Except for businesses contemplated under subdivision
16(a)(3)(E) of this Section, in the event that a business is
17designated a High Impact Business and it is later determined
18after reasonable notice and an opportunity for a hearing as
19provided under the Illinois Administrative Procedure Act, that
20the business would have placed in service in qualified
21property the investments and created or retained the requisite
22number of jobs without the benefits of the High Impact
23Business designation, the Department shall be required to
24immediately revoke the designation and notify the Director of
25the Department of Revenue who shall begin proceedings to
26recover all wrongfully exempted State taxes with interest. The

 

 

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

 

 

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

 

 

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1    "High Impact Business construction job employee" means a
2laborer or worker who is employed by an Illinois contractor or
3subcontractor in the actual construction work on the site of a
4High Impact Business construction job project.
5    "High Impact Business construction jobs project" means
6building a structure or building or making improvements of any
7kind to real property, undertaken and commissioned by a
8business that was designated as a High Impact Business by the
9Department. The term "High Impact Business construction jobs
10project" does not include the routine operation, routine
11repair, or routine maintenance of existing structures,
12buildings, or real property.
13    "Incremental income tax" means the total amount withheld
14during the taxable year from the compensation of High Impact
15Business construction job employees.
16    "Underserved area" means a geographic area that meets one
17or more of the following conditions:
18        (1) the area has a poverty rate of at least 20%
19    according to the latest federal decennial census;
20        (2) 75% or more of the children in the area
21    participate in the federal free lunch program according to
22    reported statistics from the State Board of Education;
23        (3) at least 20% of the households in the area receive
24    assistance under the Supplemental Nutrition Assistance
25    Program (SNAP); or
26        (4) the area has an average unemployment rate, as

 

 

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1    determined by the Illinois Department of Employment
2    Security, that is more than 120% of the national
3    unemployment average, as determined by the U.S. Department
4    of Labor, for a period of at least 2 consecutive calendar
5    years preceding the date of the application.
6    (j) Each contractor and subcontractor who is engaged in
7and executing a High Impact Business Construction jobs
8project, as defined under subsection (i) of this Section, for
9a business that is entitled to a credit pursuant to subsection
10(i) of this Section shall:
11        (1) make and keep, for a period of 5 years from the
12    date of the last payment made on or after June 5, 2019 (the
13    effective date of Public Act 101-9) this amendatory Act of
14    the 101st General Assembly on a contract or subcontract
15    for a High Impact Business Construction Jobs Project,
16    records for all laborers and other workers employed by the
17    contractor or subcontractor on the project; the records
18    shall include:
19            (A) the worker's name;
20            (B) the worker's address;
21            (C) the worker's telephone number, if available;
22            (D) the worker's social security number;
23            (E) the worker's classification or
24        classifications;
25            (F) the worker's gross and net wages paid in each
26        pay period;

 

 

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1            (G) the worker's number of hours worked each day;
2            (H) the worker's starting and ending times of work
3        each day;
4            (I) the worker's hourly wage rate; and
5            (J) the worker's hourly overtime wage rate;
6            (K) the worker's race and ethnicity; and
7            (L) the worker's gender;
8        (2) no later than the 15th day of each calendar month,
9    provide a certified payroll for the immediately preceding
10    month to the taxpayer in charge of the High Impact
11    Business construction jobs project; within 5 business days
12    after receiving the certified payroll, the taxpayer shall
13    file the certified payroll with the Department of Labor
14    and the Department of Commerce and Economic Opportunity; a
15    certified payroll must be filed for only those calendar
16    months during which construction on a High Impact Business
17    construction jobs project has occurred; the certified
18    payroll shall consist of a complete copy of the records
19    identified in paragraph (1) of this subsection (j), but
20    may exclude the starting and ending times of work each
21    day; the certified payroll shall be accompanied by a
22    statement signed by the contractor or subcontractor or an
23    officer, employee, or agent of the contractor or
24    subcontractor which avers that:
25            (A) he or she has examined the certified payroll
26        records required to be submitted by the Act and such

 

 

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1        records are true and accurate; and
2            (B) the contractor or subcontractor is aware that
3        filing a certified payroll that he or she knows to be
4        false is a Class A misdemeanor.
5    A general contractor is not prohibited from relying on a
6certified payroll of a lower-tier subcontractor, provided the
7general contractor does not knowingly rely upon a
8subcontractor's false certification.
9    Any contractor or subcontractor subject to this
10subsection, and any officer, employee, or agent of such
11contractor or subcontractor whose duty as an officer,
12employee, or agent it is to file a certified payroll under this
13subsection, who willfully fails to file such a certified
14payroll on or before the date such certified payroll is
15required by this paragraph to be filed and any person who
16willfully files a false certified payroll that is false as to
17any material fact is in violation of this Act and guilty of a
18Class A misdemeanor.
19    The taxpayer in charge of the project shall keep the
20records submitted in accordance with this subsection on or
21after June 5, 2019 (the effective date of Public Act 101-9)
22this amendatory Act of the 101st General Assembly for a period
23of 5 years from the date of the last payment for work on a
24contract or subcontract for the High Impact Business
25construction jobs project.
26    The records submitted in accordance with this subsection

 

 

10200HB3666sam006- 20 -LRB102 13525 SPS 30199 a

1shall be considered public records, except an employee's
2address, telephone number, and social security number, and
3made available in accordance with the Freedom of Information
4Act. The Department of Labor shall accept any reasonable
5submissions by the contractor that meet the requirements of
6this subsection (j) and shall share the information with the
7Department in order to comply with the awarding of a High
8Impact Business construction jobs credit. A contractor,
9subcontractor, or public body may retain records required
10under this Section in paper or electronic format.
11    (k) Upon 7 business days' notice, each contractor and
12subcontractor shall make available for inspection and copying
13at a location within this State during reasonable hours, the
14records identified in this subsection (j) to the taxpayer in
15charge of the High Impact Business construction jobs project,
16its officers and agents, the Director of the Department of
17Labor and his or her deputies and agents, and to federal,
18State, or local law enforcement agencies and prosecutors.
19(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
 
20    Section 15. The Public Utilities Act is amended by
21changing Section 5-117 as follows:
 
22    (220 ILCS 5/5-117)
23    Sec. 5-117. Supplier diversity goals.
24    (a) The public policy of this State is to collaboratively

 

 

10200HB3666sam006- 21 -LRB102 13525 SPS 30199 a

1work with companies that serve Illinois residents to improve
2their supplier diversity in a non-antagonistic manner.
3    (b) The Commission shall require all gas, electric, and
4water companies with at least 100,000 customers under its
5authority, as well as suppliers of wind energy, solar energy,
6hydroelectricity, nuclear energy, and any other supplier of
7energy within this State other than wind energy and solar
8energy required to comply with the reporting requirements
9under Section 1505-215 of the Department of Labor Law of the
10Civil Administrative Code of Illinois, to submit an annual
11report by April 15, 2015 and every April 15 thereafter, in a
12searchable Adobe PDF format, on all procurement goals and
13actual spending for female-owned, minority-owned,
14veteran-owned, and small business enterprises in the previous
15calendar year. These goals shall be expressed as a percentage
16of the total work performed by the entity submitting the
17report, and the actual spending for all female-owned,
18minority-owned, veteran-owned, and small business enterprises
19shall also be expressed as a percentage of the total work
20performed by the entity submitting the report.
21    (c) Each participating company in its annual report shall
22include the following information:
23        (1) an explanation of the plan for the next year to
24    increase participation;
25        (2) an explanation of the plan to increase the goals;
26        (3) the areas of procurement each company shall be

 

 

10200HB3666sam006- 22 -LRB102 13525 SPS 30199 a

1    actively seeking more participation in the next year;
2        (4) an outline of the plan to alert and encourage
3    potential vendors in that area to seek business from the
4    company;
5        (5) an explanation of the challenges faced in finding
6    quality vendors and offer any suggestions for what the
7    Commission could do to be helpful to identify those
8    vendors;
9        (6) a list of the certifications the company
10    recognizes;
11        (7) the point of contact for any potential vendor who
12    wishes to do business with the company and explain the
13    process for a vendor to enroll with the company as a
14    minority-owned, women-owned, or veteran-owned company; and
15        (8) any particular success stories to encourage other
16    companies to emulate best practices.
17    (d) Each annual report shall include as much
18State-specific data as possible. If the submitting entity does
19not submit State-specific data, then the company shall include
20any national data it does have and explain why it could not
21submit State-specific data and how it intends to do so in
22future reports, if possible.
23    (e) Each annual report shall include the rules,
24regulations, and definitions used for the procurement goals in
25the company's annual report.
26    (f) The Commission and all participating entities shall

 

 

10200HB3666sam006- 23 -LRB102 13525 SPS 30199 a

1hold an annual workshop open to the public in 2015 and every
2year thereafter on the state of supplier diversity to
3collaboratively seek solutions to structural impediments to
4achieving stated goals, including testimony from each
5participating entity as well as subject matter experts and
6advocates. The Commission shall publish a database on its
7website of the point of contact for each participating entity
8for supplier diversity, along with a list of certifications
9each company recognizes from the information submitted in each
10annual report. The Commission shall publish each annual report
11on its website and shall maintain each annual report for at
12least 5 years.
13(Source: P.A. 102-558, eff. 8-20-21; 102-662, eff. 9-15-21.)
 
14    Section 20. The Energy Assistance Act is amended by
15changing Section 13 as follows:
 
16    (305 ILCS 20/13)
17    (Text of Section from P.A. 102-16)
18    (Section scheduled to be repealed on January 1, 2025)
19    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
20    (a) The Supplemental Low-Income Energy Assistance Fund is
21hereby created as a special fund in the State Treasury.
22Notwithstanding any other law to the contrary, the
23Supplemental Low-Income Energy Assistance Fund is not subject
24to sweeps, administrative charge-backs, or any other fiscal or

 

 

10200HB3666sam006- 24 -LRB102 13525 SPS 30199 a

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

 

 

10200HB3666sam006- 25 -LRB102 13525 SPS 30199 a

1allowance may be utilized for weatherization expenses in the
2year they are reallocated. The yearly administrative expenses
3of the Supplemental Low-Income Energy Assistance Fund may not
4exceed 13% of the amount collected during that year pursuant
5to this Section, except when unspent funds from the
6Supplemental Low-Income Energy Assistance Fund are reallocated
7from a previous year; any unspent balance of the 13%
8administrative allowance may be utilized for administrative
9expenses in the year they are reallocated. Of the 13%
10administrative allowance, no less than 8% shall be provided to
11Local Administrative Agencies for administrative expenses.
12    (b) Notwithstanding the provisions of Section 16-111 of
13the Public Utilities Act but subject to subsection (k) of this
14Section, each public utility, electric cooperative, as defined
15in Section 3.4 of the Electric Supplier Act, and municipal
16utility, as referenced in Section 3-105 of the Public
17Utilities Act, that is engaged in the delivery of electricity
18or the distribution of natural gas within the State of
19Illinois shall, effective January 1, 2022 2021, assess each of
20its customer accounts a monthly Energy Assistance Charge for
21the Supplemental Low-Income Energy Assistance Fund. The
22delivering public utility, municipal electric or gas utility,
23or electric or gas cooperative for a self-assessing purchaser
24remains subject to the collection of the fee imposed by this
25Section. The monthly charge shall be as follows:
26        (1) Base Energy Assistance Charge per month on each

 

 

10200HB3666sam006- 26 -LRB102 13525 SPS 30199 a

1    account for residential electrical service;
2        (2) Base Energy Assistance Charge per month on each
3    account for residential gas service;
4        (3) Ten times the Base Energy Assistance Charge per
5    month on each account for non-residential electric service
6    which had less than 10 megawatts of peak demand during the
7    previous calendar year;
8        (4) Ten times the Base Energy Assistance Charge per
9    month on each account for non-residential gas service
10    which had distributed to it less than 4,000,000 therms of
11    gas during the previous calendar year;
12        (5) Three hundred and seventy-five times the Base
13    Energy Assistance Charge per month on each account for
14    non-residential electric service which had 10 megawatts or
15    greater of peak demand during the previous calendar year;
16    and
17        (6) Three hundred and seventy-five times the Base
18    Energy Assistance Charge per month on each account For
19    non-residential gas service which had 4,000,000 or more
20    therms of gas distributed to it during the previous
21    calendar year.
22    The Base Energy Assistance Charge shall be $0.48 per month
23for the calendar year beginning January 1, 2022 and shall
24increase by $0.16 per month for any calendar year, provided no
25less than 80% of the previous State fiscal year's available
26Supplemental Low-Income Energy Assistance Fund funding was

 

 

10200HB3666sam006- 27 -LRB102 13525 SPS 30199 a

1exhausted. The maximum Base Energy Assistance Charge shall not
2exceed $0.96 per month for any calendar year.
3    The incremental change to such charges imposed by Public
4Act 99-933 and this amendatory Act of the 102nd General
5Assembly shall not (i) be used for any purpose other than to
6directly assist customers and (ii) be applicable to utilities
7serving less than 100,000 25,000 customers in Illinois on
8January 1, 2021. The incremental change to such charges
9imposed by this amendatory Act of the 102nd General Assembly
10are intended to increase utilization of the Percentage of
11Income Payment Plan (PIPP or PIP Plan) and shall be applied
12such that PIP Plan enrollment is at least doubled, as compared
13to 2020 enrollment, by 2024.
14    In addition, electric and gas utilities have committed,
15and shall contribute, a one-time payment of $22 million to the
16Fund, within 10 days after the effective date of the tariffs
17established pursuant to Sections 16-111.8 and 19-145 of the
18Public Utilities Act to be used for the Department's cost of
19implementing the programs described in Section 18 of this
20amendatory Act of the 96th General Assembly, the Arrearage
21Reduction Program described in Section 18, and the programs
22described in Section 8-105 of the Public Utilities Act. If a
23utility elects not to file a rider within 90 days after the
24effective date of this amendatory Act of the 96th General
25Assembly, then the contribution from such utility shall be
26made no later than February 1, 2010.

 

 

10200HB3666sam006- 28 -LRB102 13525 SPS 30199 a

1    (c) For purposes of this Section:
2        (1) "residential electric service" means electric
3    utility service for household purposes delivered to a
4    dwelling of 2 or fewer units which is billed under a
5    residential rate, or electric utility service for
6    household purposes delivered to a dwelling unit or units
7    which is billed under a residential rate and is registered
8    by a separate meter for each dwelling unit;
9        (2) "residential gas service" means gas utility
10    service for household purposes distributed to a dwelling
11    of 2 or fewer units which is billed under a residential
12    rate, or gas utility service for household purposes
13    distributed to a dwelling unit or units which is billed
14    under a residential rate and is registered by a separate
15    meter for each dwelling unit;
16        (3) "non-residential electric service" means electric
17    utility service which is not residential electric service;
18    and
19        (4) "non-residential gas service" means gas utility
20    service which is not residential gas service.
21    (d) Within 30 days after the effective date of this
22amendatory Act of the 96th General Assembly, each public
23utility engaged in the delivery of electricity or the
24distribution of natural gas shall file with the Illinois
25Commerce Commission tariffs incorporating the Energy
26Assistance Charge in other charges stated in such tariffs,

 

 

10200HB3666sam006- 29 -LRB102 13525 SPS 30199 a

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

 

 

10200HB3666sam006- 30 -LRB102 13525 SPS 30199 a

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

 

 

10200HB3666sam006- 31 -LRB102 13525 SPS 30199 a

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

 

 

10200HB3666sam006- 32 -LRB102 13525 SPS 30199 a

1    (Text of Section from P.A. 102-176)
2    (Section scheduled to be repealed on January 1, 2025)
3    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
4    (a) The Supplemental Low-Income Energy Assistance Fund is
5hereby created as a special fund in the State Treasury. The
6Supplemental Low-Income Energy Assistance Fund is authorized
7to receive moneys from voluntary donations from individuals,
8foundations, corporations, and other sources, moneys received
9pursuant to Section 17, and, by statutory deposit, the moneys
10collected pursuant to this Section. The Fund is also
11authorized to receive voluntary donations from individuals,
12foundations, corporations, and other sources. Subject to
13appropriation, the Department shall use moneys from the
14Supplemental Low-Income Energy Assistance Fund for payments to
15electric or gas public utilities, municipal electric or gas
16utilities, and electric cooperatives on behalf of their
17customers who are participants in the program authorized by
18Sections 4 and 18 of this Act, for the provision of
19weatherization services and for administration of the
20Supplemental Low-Income Energy Assistance Fund. All other
21deposits outside of the Energy Assistance Charge as set forth
22in subsection (b) are not subject to the percentage
23restrictions related to administrative and weatherization
24expenses provided in this subsection. The yearly expenditures
25for weatherization may not exceed 10% of the amount collected

 

 

10200HB3666sam006- 33 -LRB102 13525 SPS 30199 a

1during the year pursuant to this Section, except when unspent
2funds from the Supplemental Low-Income Energy Assistance Fund
3are reallocated from a previous year; any unspent balance of
4the 10% weatherization allowance may be utilized for
5weatherization expenses in the year they are reallocated. The
6yearly administrative expenses of the Supplemental Low-Income
7Energy Assistance Fund may not exceed 13% of the amount
8collected during that year pursuant to this Section, except
9when unspent funds from the Supplemental Low-Income Energy
10Assistance Fund are reallocated from a previous year; any
11unspent balance of the 13% administrative allowance may be
12utilized for administrative expenses in the year they are
13reallocated. Of the 13% administrative allowance, no less than
148% shall be provided to Local Administrative Agencies for
15administrative expenses.
16    (b) Notwithstanding the provisions of Section 16-111 of
17the Public Utilities Act but subject to subsection (k) of this
18Section, each public utility, electric cooperative, as defined
19in Section 3.4 of the Electric Supplier Act, and municipal
20utility, as referenced in Section 3-105 of the Public
21Utilities Act, that is engaged in the delivery of electricity
22or the distribution of natural gas within the State of
23Illinois shall, effective January 1, 2022, assess each of its
24customer accounts a monthly Energy Assistance Charge for the
25Supplemental Low-Income Energy Assistance Fund. The delivering
26public utility, municipal electric or gas utility, or electric

 

 

10200HB3666sam006- 34 -LRB102 13525 SPS 30199 a

1or gas cooperative for a self-assessing purchaser remains
2subject to the collection of the fee imposed by this Section.
3The monthly charge shall be as follows:
4        (1) Base Energy Assistance Charge per month on each
5    account for residential electrical service;
6        (2) Base Energy Assistance Charge per month on each
7    account for residential gas service;
8        (3) Ten times the Base Energy Assistance Charge per
9    month on each account for non-residential electric service
10    which had less than 10 megawatts of peak demand during the
11    previous calendar year;
12        (4) Ten times the Base Energy Assistance Charge per
13    month on each account for non-residential gas service
14    which had distributed to it less than 4,000,000 therms of
15    gas during the previous calendar year;
16        (5) Three hundred and seventy-five times the Base
17    Energy Assistance Charge per month on each account for
18    non-residential electric service which had 10 megawatts or
19    greater of peak demand during the previous calendar year;
20    and
21        (6) Three hundred and seventy-five times the Base
22    Energy Assistance Charge per month on each account for
23    non-residential gas service which had 4,000,000 or more
24    therms of gas distributed to it during the previous
25    calendar year.
26    The Base Energy Assistance Charge shall be $0.48 per month

 

 

10200HB3666sam006- 35 -LRB102 13525 SPS 30199 a

1for the calendar year beginning January 1, 2022 and shall
2increase by $0.16 per month for any calendar year, provided no
3less than 80% of the previous State fiscal year's available
4Supplemental Low-Income Energy Assistance Fund funding was
5exhausted. The maximum Base Energy Assistance Charge shall not
6exceed $0.96 per month for any calendar year.
7    The incremental change to such charges imposed by Public
8Act 99-933 and this amendatory Act of the 102nd General
9Assembly shall not (i) be used for any purpose other than to
10directly assist customers and (ii) be applicable to utilities
11serving less than 100,000 25,000 customers in Illinois on
12January 1, 2021. The incremental change to such charges
13imposed by this amendatory Act of the 102nd General Assembly
14are intended to increase utilization of the Percentage of
15Income Payment Plan (PIPP or PIP Plan) and shall be applied
16such that PIP Plan enrollment is at least doubled, as compared
17to 2020 enrollment, by 2024.
18    In addition, electric and gas utilities have committed,
19and shall contribute, a one-time payment of $22 million to the
20Fund, within 10 days after the effective date of the tariffs
21established pursuant to Sections 16-111.8 and 19-145 of the
22Public Utilities Act to be used for the Department's cost of
23implementing the programs described in Section 18 of this
24amendatory Act of the 96th General Assembly, the Arrearage
25Reduction Program described in Section 18, and the programs
26described in Section 8-105 of the Public Utilities Act. If a

 

 

10200HB3666sam006- 36 -LRB102 13525 SPS 30199 a

1utility elects not to file a rider within 90 days after the
2effective date of this amendatory Act of the 96th General
3Assembly, then the contribution from such utility shall be
4made no later than February 1, 2010.
5    (c) For purposes of this Section:
6        (1) "residential electric service" means electric
7    utility service for household purposes delivered to a
8    dwelling of 2 or fewer units which is billed under a
9    residential rate, or electric utility service for
10    household purposes delivered to a dwelling unit or units
11    which is billed under a residential rate and is registered
12    by a separate meter for each dwelling unit;
13        (2) "residential gas service" means gas utility
14    service for household purposes distributed to a dwelling
15    of 2 or fewer units which is billed under a residential
16    rate, or gas utility service for household purposes
17    distributed to a dwelling unit or units which is billed
18    under a residential rate and is registered by a separate
19    meter for each dwelling unit;
20        (3) "non-residential electric service" means electric
21    utility service which is not residential electric service;
22    and
23        (4) "non-residential gas service" means gas utility
24    service which is not residential gas service.
25    (d) Within 30 days after the effective date of this
26amendatory Act of the 96th General Assembly, each public

 

 

10200HB3666sam006- 37 -LRB102 13525 SPS 30199 a

1utility engaged in the delivery of electricity or the
2distribution of natural gas shall file with the Illinois
3Commerce Commission tariffs incorporating the Energy
4Assistance Charge in other charges stated in such tariffs,
5which shall become effective no later than the beginning of
6the first billing cycle following such filing.
7    (e) The Energy Assistance Charge assessed by electric and
8gas public utilities shall be considered a charge for public
9utility service.
10    (f) By the 20th day of the month following the month in
11which the charges imposed by the Section were collected, each
12public utility, municipal utility, and electric cooperative
13shall remit to the Department of Revenue all moneys received
14as payment of the Energy Assistance Charge on a return
15prescribed and furnished by the Department of Revenue showing
16such information as the Department of Revenue may reasonably
17require; provided, however, that a utility offering an
18Arrearage Reduction Program or Supplemental Arrearage
19Reduction Program pursuant to Section 18 of this Act shall be
20entitled to net those amounts necessary to fund and recover
21the costs of such Programs as authorized by that Section that
22is no more than the incremental change in such Energy
23Assistance Charge authorized by Public Act 96-33. If a
24customer makes a partial payment, a public utility, municipal
25utility, or electric cooperative may elect either: (i) to
26apply such partial payments first to amounts owed to the

 

 

10200HB3666sam006- 38 -LRB102 13525 SPS 30199 a

1utility or cooperative for its services and then to payment
2for the Energy Assistance Charge or (ii) to apply such partial
3payments on a pro-rata basis between amounts owed to the
4utility or cooperative for its services and to payment for the
5Energy Assistance Charge.
6    If any payment provided for in this Section exceeds the
7distributor's liabilities under this Act, as shown on an
8original return, the Department may authorize the distributor
9to credit such excess payment against liability subsequently
10to be remitted to the Department under this Act, in accordance
11with reasonable rules adopted by the Department. If the
12Department subsequently determines that all or any part of the
13credit taken was not actually due to the distributor, the
14distributor's discount shall be reduced by an amount equal to
15the difference between the discount as applied to the credit
16taken and that actually due, and that distributor shall be
17liable for penalties and interest on such difference.
18    (g) The Department of Revenue shall deposit into the
19Supplemental Low-Income Energy Assistance Fund all moneys
20remitted to it in accordance with subsection (f) of this
21Section. The utilities shall coordinate with the Department to
22establish an equitable and practical methodology for
23implementing this subsection (g) beginning with the 2010
24program year.
25    (h) On or before December 31, 2002, the Department shall
26prepare a report for the General Assembly on the expenditure

 

 

10200HB3666sam006- 39 -LRB102 13525 SPS 30199 a

1of funds appropriated from the Low-Income Energy Assistance
2Block Grant Fund for the program authorized under Section 4 of
3this Act.
4    (i) The Department of Revenue may establish such rules as
5it deems necessary to implement this Section.
6    (j) The Department of Commerce and Economic Opportunity
7may establish such rules as it deems necessary to implement
8this Section.
9    (k) The charges imposed by this Section shall only apply
10to customers of municipal electric or gas utilities and
11electric or gas cooperatives if the municipal electric or gas
12utility or electric or gas cooperative makes an affirmative
13decision to impose the charge. If a municipal electric or gas
14utility or an electric cooperative makes an affirmative
15decision to impose the charge provided by this Section, the
16municipal electric or gas utility or electric cooperative
17shall inform the Department of Revenue in writing of such
18decision when it begins to impose the charge. If a municipal
19electric or gas utility or electric or gas cooperative does
20not assess this charge, the Department may not use funds from
21the Supplemental Low-Income Energy Assistance Fund to provide
22benefits to its customers under the program authorized by
23Section 4 of this Act.
24    In its use of federal funds under this Act, the Department
25may not cause a disproportionate share of those federal funds
26to benefit customers of systems which do not assess the charge

 

 

10200HB3666sam006- 40 -LRB102 13525 SPS 30199 a

1provided by this Section.
2    This Section is repealed on January 1, 2025 unless renewed
3by action of the General Assembly.
4(Source: P.A. 102-176, eff. 6-1-22.)
 
5    Section 25. The Prevailing Wage Act is amended by changing
6Section 2 as follows:
 
7    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
8    Sec. 2. This Act applies to the wages of laborers,
9mechanics and other workers employed in any public works, as
10hereinafter defined, by any public body and to anyone under
11contracts for public works. This includes any maintenance,
12repair, assembly, or disassembly work performed on equipment
13whether owned, leased, or rented.
14    As used in this Act, unless the context indicates
15otherwise:
16    "Public works" means all fixed works constructed or
17demolished by any public body, or paid for wholly or in part
18out of public funds. "Public works" as defined herein includes
19all projects financed in whole or in part with bonds, grants,
20loans, or other funds made available by or through the State or
21any of its political subdivisions, including but not limited
22to: bonds issued under the Industrial Project Revenue Bond Act
23(Article 11, Division 74 of the Illinois Municipal Code), the
24Industrial Building Revenue Bond Act, the Illinois Finance

 

 

10200HB3666sam006- 41 -LRB102 13525 SPS 30199 a

1Authority Act, the Illinois Sports Facilities Authority Act,
2or the Build Illinois Bond Act; loans or other funds made
3available pursuant to the Build Illinois Act; loans or other
4funds made available pursuant to the Riverfront Development
5Fund under Section 10-15 of the River Edge Redevelopment Zone
6Act; or funds from the Fund for Illinois' Future under Section
76z-47 of the State Finance Act, funds for school construction
8under Section 5 of the General Obligation Bond Act, funds
9authorized under Section 3 of the School Construction Bond
10Act, funds for school infrastructure under Section 6z-45 of
11the State Finance Act, and funds for transportation purposes
12under Section 4 of the General Obligation Bond Act. "Public
13works" also includes (i) all projects financed in whole or in
14part with funds from the Department of Commerce and Economic
15Opportunity under the Illinois Renewable Fuels Development
16Program Act for which there is no project labor agreement;
17(ii) all work performed pursuant to a public private agreement
18under the Public Private Agreements for the Illiana Expressway
19Act or the Public-Private Agreements for the South Suburban
20Airport Act; and (iii) all projects undertaken under a
21public-private agreement under the Public-Private Partnerships
22for Transportation Act. "Public works" also includes all
23projects at leased facility property used for airport purposes
24under Section 35 of the Local Government Facility Lease Act.
25"Public works" also includes the construction of a new wind
26power facility by a business designated as a High Impact

 

 

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1Business under Section 5.5(a)(3)(E) and the construction of a
2new utility-scale solar power facility by a business
3designated as a High Impact Business under Section
45.5(a)(3)(E-5) of the Illinois Enterprise Zone Act. "Public
5works" also includes electric vehicle charging station
6projects financed pursuant to the Electric Vehicle Act and
7renewable energy projects required to pay the prevailing wage
8pursuant to the Illinois Power Agency Act. "Public works" does
9not include work done directly by any public utility company,
10whether or not done under public supervision or direction, or
11paid for wholly or in part out of public funds. "Public works"
12also includes any corrective action performed pursuant to
13Title XVI of the Environmental Protection Act for which
14payment from the Underground Storage Tank Fund is requested.
15"Public works" does not include projects undertaken by the
16owner at an owner-occupied single-family residence or at an
17owner-occupied unit of a multi-family residence. "Public
18works" does not include work performed for soil and water
19conservation purposes on agricultural lands, whether or not
20done under public supervision or paid for wholly or in part out
21of public funds, done directly by an owner or person who has
22legal control of those lands.
23    "Construction" means all work on public works involving
24laborers, workers or mechanics. This includes any maintenance,
25repair, assembly, or disassembly work performed on equipment
26whether owned, leased, or rented.

 

 

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1    "Locality" means the county where the physical work upon
2public works is performed, except (1) that if there is not
3available in the county a sufficient number of competent
4skilled laborers, workers and mechanics to construct the
5public works efficiently and properly, "locality" includes any
6other county nearest the one in which the work or construction
7is to be performed and from which such persons may be obtained
8in sufficient numbers to perform the work and (2) that, with
9respect to contracts for highway work with the Department of
10Transportation of this State, "locality" may at the discretion
11of the Secretary of the Department of Transportation be
12construed to include two or more adjacent counties from which
13workers may be accessible for work on such construction.
14    "Public body" means the State or any officer, board or
15commission of the State or any political subdivision or
16department thereof, or any institution supported in whole or
17in part by public funds, and includes every county, city,
18town, village, township, school district, irrigation, utility,
19reclamation improvement or other district and every other
20political subdivision, district or municipality of the state
21whether such political subdivision, municipality or district
22operates under a special charter or not.
23    "Labor organization" means an organization that is the
24exclusive representative of an employer's employees recognized
25or certified pursuant to the National Labor Relations Act.
26    The terms "general prevailing rate of hourly wages",

 

 

10200HB3666sam006- 44 -LRB102 13525 SPS 30199 a

1"general prevailing rate of wages" or "prevailing rate of
2wages" when used in this Act mean the hourly cash wages plus
3annualized fringe benefits for training and apprenticeship
4programs approved by the U.S. Department of Labor, Bureau of
5Apprenticeship and Training, health and welfare, insurance,
6vacations and pensions paid generally, in the locality in
7which the work is being performed, to employees engaged in
8work of a similar character on public works.
9(Source: P.A. 100-1177, eff. 6-1-19.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".