Bill Text: IL SB1470 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Meat and Poultry Inspection Act. Provides that any establishment subject to inspection under the Act that believes, or has reason to believe, that an adulterated or misbranded meat or meat food product received by or originating from the establishment has entered into commerce shall promptly notify the Director of Agriculture. Provides that the Director shall require that each Type I establishment subject to inspection under this Act to meet minimum recall and documentation procedures. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2013-12-27 - Public Act . . . . . . . . . 98-0611 [SB1470 Detail]

Download: Illinois-2013-SB1470-Amended.html

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Rep. John E. Bradley

Filed: 5/16/2013

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AMENDMENT TO SENATE BILL 1470
AMENDMENT NO. ______. Amend Senate Bill 1470 by replacing
everything after the enacting clause with the following:
"Section 5. The Project Labor Agreements Act is amended by
changing Section 10 as follows:
(30 ILCS 571/10)
Sec. 10. Public works projects. On a project-by-project
basis, a State department, agency, authority, board, or
instrumentality that is under the control of the Governor shall
include a project labor agreement on a public works project
when that department, agency, authority, board, or
instrumentality has determined that the agreement advances the
State's interests of cost, efficiency, quality, safety,
timeliness, skilled labor force, labor stability, or the
State's policy to advance minority-owned and women-owned
businesses and minority and female employment. For purposes of

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this Act, any corrective action performed pursuant to Title XVI
of the Environmental Protection Act for which payment from the
Underground Storage Tank Fund is requested shall be considered
a public works project.
(Source: P.A. 97-199, eff. 7-27-11.)
Section 10. The Environmental Protection Act is amended by
changing Sections 57.7 and 57.8 as follows:
(415 ILCS 5/57.7)
Sec. 57.7. Leaking underground storage tanks; site
investigation and corrective action.
(a) Site investigation.
(1) For any site investigation activities required by
statute or rule, the owner or operator shall submit to the
Agency for approval a site investigation plan designed to
determine the nature, concentration, direction of
movement, rate of movement, and extent of the contamination
as well as the significant physical features of the site
and surrounding area that may affect contaminant transport
and risk to human health and safety and the environment.
(2) Any owner or operator intending to seek payment
from the Fund shall submit to the Agency for approval a
site investigation budget that includes, but is not limited
to, an accounting of all costs associated with the
implementation and completion of the site investigation

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plan.
(3) Remediation objectives for the applicable
indicator contaminants shall be determined using the
tiered approach to corrective action objectives rules
adopted by the Board pursuant to this Title and Title XVII
of this Act. For the purposes of this Title, "Contaminant
of Concern" or "Regulated Substance of Concern" in the
rules means the applicable indicator contaminants set
forth in subsection (d) of this Section and the rules
adopted thereunder.
(4) Upon the Agency's approval of a site investigation
plan, or as otherwise directed by the Agency, the owner or
operator shall conduct a site investigation in accordance
with the plan.
(5) Within 30 days after completing the site
investigation, the owner or operator shall submit to the
Agency for approval a site investigation completion
report. At a minimum the report shall include all of the
following:
(A) Executive summary.
(B) Site history.
(C) Site-specific sampling methods and results.
(D) Documentation of all field activities,
including quality assurance.
(E) Documentation regarding the development of
proposed remediation objectives.

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(F) Interpretation of results.
(G) Conclusions.
(b) Corrective action.
(1) If the site investigation confirms none of the
applicable indicator contaminants exceed the proposed
remediation objectives, within 30 days after completing
the site investigation the owner or operator shall submit
to the Agency for approval a corrective action completion
report in accordance with this Section.
(2) If any of the applicable indicator contaminants
exceed the remediation objectives approved for the site,
within 30 days after the Agency approves the site
investigation completion report the owner or operator
shall submit to the Agency for approval a corrective action
plan designed to mitigate any threat to human health, human
safety, or the environment resulting from the underground
storage tank release. The plan shall describe the selected
remedy and evaluate its ability and effectiveness to
achieve the remediation objectives approved for the site.
At a minimum, the report shall include all of the
following:
(A) Executive summary.
(B) Statement of remediation objectives.
(C) Remedial technologies selected.
(D) Confirmation sampling plan.
(E) Current and projected future use of the

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property.
(F) Applicable preventive, engineering, and
institutional controls including long-term
reliability, operating, and maintenance plans, and
monitoring procedures.
(G) A schedule for implementation and completion
of the plan.
(3) Any owner or operator intending to seek payment
from the Fund shall submit to the Agency for approval a
corrective action budget that includes, but is not limited
to, an accounting of all costs associated with the
implementation and completion of the corrective action
plan.
(4) Upon the Agency's approval of a corrective action
plan, or as otherwise directed by the Agency, the owner or
operator shall proceed with corrective action in
accordance with the plan.
(5) Within 30 days after the completion of a corrective
action plan that achieves applicable remediation
objectives the owner or operator shall submit to the Agency
for approval a corrective action completion report. The
report shall demonstrate whether corrective action was
completed in accordance with the approved corrective
action plan and whether the remediation objectives
approved for the site, as well as any other requirements of
the plan, have been achieved.

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(6) If within 4 years after the approval of any
corrective action plan the applicable remediation
objectives have not been achieved and the owner or operator
has not submitted a corrective action completion report,
the owner or operator must submit a status report for
Agency review. The status report must include, but is not
limited to, a description of the remediation activities
taken to date, the effectiveness of the method of
remediation being used, the likelihood of meeting the
applicable remediation objectives using the current method
of remediation, and the date the applicable remediation
objectives are expected to be achieved.
(7) If the Agency determines any approved corrective
action plan will not achieve applicable remediation
objectives within a reasonable time, based upon the method
of remediation and site specific circumstances, the Agency
may require the owner or operator to submit to the Agency
for approval a revised corrective action plan. If the owner
or operator intends to seek payment from the Fund, the
owner or operator must also submit a revised budget.
(c) Agency review and approval.
(1) Agency approval of any plan and associated budget,
as described in this subsection (c), shall be considered
final approval for purposes of seeking and obtaining
payment from the Underground Storage Tank Fund if the costs
associated with the completion of any such plan are less

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than or equal to the amounts approved in such budget.
(2) In the event the Agency fails to approve,
disapprove, or modify any plan or report submitted pursuant
to this Title in writing within 120 days of the receipt by
the Agency, the plan or report shall be considered to be
rejected by operation of law for purposes of this Title and
rejected for purposes of payment from the Underground
Storage Tank Fund.
(A) For purposes of those plans as identified in
paragraph (5) of this subsection (c), the Agency's
review may be an audit procedure. Such review or audit
shall be consistent with the procedure for such review
or audit as promulgated by the Board under Section
57.14. The Agency has the authority to establish an
auditing program to verify compliance of such plans
with the provisions of this Title.
(B) For purposes of corrective action plans
submitted pursuant to subsection (b) of this Section
for which payment from the Fund is not being sought,
the Agency need not take action on such plan until 120
days after it receives the corrective action
completion report required under subsection (b) of
this Section. In the event the Agency approved the
plan, it shall proceed under the provisions of this
subsection (c).
(3) In approving any plan submitted pursuant to

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subsection (a) or (b) of this Section, the Agency shall
determine, by a procedure promulgated by the Board under
Section 57.14, that the costs associated with the plan are
reasonable, will be incurred in the performance of site
investigation or corrective action, and will not be used
for site investigation or corrective action activities in
excess of those required to meet the minimum requirements
of this Title. The Agency shall also determine, pursuant to
the Project Labor Agreements Act, whether the corrective
action shall include a project labor agreement if payment
from the Underground Storage Tank Fund is to be requested.
(A) For purposes of payment from the Fund,
corrective action activities required to meet the
minimum requirements of this Title shall include, but
not be limited to, the following use of the Board's
Tiered Approach to Corrective Action Objectives rules
adopted under Title XVII of this Act:
(i) For the site where the release occurred,
the use of Tier 2 remediation objectives that are
no more stringent than Tier 1 remediation
objectives.
(ii) The use of industrial/commercial property
remediation objectives, unless the owner or
operator demonstrates that the property being
remediated is residential property or being
developed into residential property.

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(iii) The use of groundwater ordinances as
institutional controls in accordance with Board
rules.
(iv) The use of on-site groundwater use
restrictions as institutional controls in
accordance with Board rules.
(B) Any bidding process adopted under Board rules
to determine the reasonableness of costs of corrective
action must provide for a publicly-noticed,
competitive, and sealed bidding process that includes,
at a minimum, the following:
(i) The owner or operator must issue
invitations for bids that include, at a minimum, a
description of the work being bid and applicable
contractual terms and conditions. The criteria on
which the bids will be evaluated must be set forth
in the invitation for bids. The criteria may
include, but shall not be limited to, criteria for
determining acceptability, such as inspection,
testing, quality, workmanship, delivery, and
suitability for a particular purpose. Criteria
that will affect the bid price and be considered in
the evaluation of a bid, such as discounts, shall
be objectively measurable.
(ii) At least 14 days prior to the date set in
the invitation for the opening of bids, public

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notice of the invitation for bids must be published
in a local paper of general circulation for the
area in which the site is located.
(iii) Bids must be opened publicly in the
presence of one or more witnesses at the time and
place designated in the invitation for bids. The
name of each bidder, the amount of each bid, and
other relevant information as specified in Board
rules must be recorded and submitted to the Agency
in the applicable budget. After selection of the
winning bid, the winning bid and the record of each
unsuccessful bid shall be open to public
inspection.
(iv) Bids must be unconditionally accepted
without alteration or correction. Bids must be
evaluated based on the requirements set forth in
the invitation for bids, which may include
criteria for determining acceptability, such as
inspection, testing, quality, workmanship,
delivery, and suitability for a particular
purpose. Criteria that will affect the bid price
and be considered in the evaluation of a bid, such
as discounts, shall be objectively measurable. The
invitation for bids shall set forth the evaluation
criteria to be used.
(v) Correction or withdrawal of inadvertently

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erroneous bids before or after selection of the
winning bid, or cancellation of winning bids based
on bid mistakes, shall be allowed in accordance
with Board rules. After bid opening, no changes in
bid prices or other provisions of bids prejudicial
to the owner or operator or fair competition shall
be allowed. All decisions to allow the correction
or withdrawal of bids based on bid mistakes shall
be supported by a written determination made by the
owner or operator.
(vi) The owner or operator shall select the
winning bid with reasonable promptness by written
notice to the lowest responsible and responsive
bidder whose bid meets the requirements and
criteria set forth in the invitation for bids. The
winning bid and other relevant information as
specified in Board rules must be recorded and
submitted to the Agency in the applicable budget.
(vii) All bidding documentation must be
retained by the owner or operator for a minimum of
3 years after the costs bid are submitted in an
application for payment, except that documentation
relating to an appeal, litigation, or other
disputed claim must be maintained until at least 3
years after the date of the final disposition of
the appeal, litigation, or other disputed claim.

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All bidding documentation must be made available
to the Agency for inspection and copying during
normal business hours.
(C) Any bidding process adopted under Board rules
to determine the reasonableness of costs of corrective
action shall (i) be optional and (ii) allow bidding
only if the owner or operator demonstrates that
corrective action cannot be performed for amounts less
than or equal to maximum payment amounts adopted by the
Board.
(4) For any plan or report received after June 24,
2002, any action by the Agency to disapprove or modify a
plan submitted pursuant to this Title shall be provided to
the owner or operator in writing within 120 days of the
receipt by the Agency or, in the case of a site
investigation plan or corrective action plan for which
payment is not being sought, within 120 days of receipt of
the site investigation completion report or corrective
action completion report, respectively, and shall be
accompanied by:
(A) an explanation of the Sections of this Act
which may be violated if the plans were approved;
(B) an explanation of the provisions of the
regulations, promulgated under this Act, which may be
violated if the plan were approved;
(C) an explanation of the specific type of

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information, if any, which the Agency deems the
applicant did not provide the Agency; and
(D) a statement of specific reasons why the Act and
the regulations might not be met if the plan were
approved.
Any action by the Agency to disapprove or modify a plan
or report or the rejection of any plan or report by
operation of law shall be subject to appeal to the Board in
accordance with the procedures of Section 40. If the owner
or operator elects to incorporate modifications required
by the Agency rather than appeal, an amended plan shall be
submitted to the Agency within 35 days of receipt of the
Agency's written notification.
(5) For purposes of this Title, the term "plan" shall
include:
(A) Any site investigation plan submitted pursuant
to subsection (a) of this Section;
(B) Any site investigation budget submitted
pursuant to subsection (a) of this Section;
(C) Any corrective action plan submitted pursuant
to subsection (b) of this Section; or
(D) Any corrective action plan budget submitted
pursuant to subsection (b) of this Section.
(d) For purposes of this Title, the term "indicator
contaminant" shall mean, unless and until the Board promulgates
regulations to the contrary, the following: (i) if an

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underground storage tank contains gasoline, the indicator
parameter shall be BTEX and Benzene; (ii) if the tank contained
petroleum products consisting of middle distillate or heavy
ends, then the indicator parameter shall be determined by a
scan of PNA's taken from the location where contamination is
most likely to be present; and (iii) if the tank contained used
oil, then the indicator contaminant shall be those chemical
constituents which indicate the type of petroleum stored in an
underground storage tank. All references in this Title to
groundwater objectives shall mean Class I groundwater
standards or objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section, an
owner or operator may proceed to conduct site investigation
or corrective action prior to the submittal or approval of
an otherwise required plan. If the owner or operator elects
to so proceed, an applicable plan shall be filed with the
Agency at any time. Such plan shall detail the steps taken
to determine the type of site investigation or corrective
action which was necessary at the site along with the site
investigation or corrective action taken or to be taken, in
addition to costs associated with activities to date and
anticipated costs.
(2) Upon receipt of a plan submitted after activities
have commenced at a site, the Agency shall proceed to
review in the same manner as required under this Title. In
the event the Agency disapproves all or part of the costs,

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the owner or operator may appeal such decision to the
Board. The owner or operator shall not be eligible to be
reimbursed for such disapproved costs unless and until the
Board determines that such costs were eligible for payment.
(f) All investigations, plans, and reports conducted or
prepared under this Section shall be conducted or prepared
under the supervision of a licensed professional engineer and
in accordance with the requirements of this Title.
(Source: P.A. 95-331, eff. 8-21-07; 96-908, eff. 6-8-10.)
(415 ILCS 5/57.8)
Sec. 57.8. Underground Storage Tank Fund; payment; options
for State payment; deferred correction election to commence
corrective action upon availability of funds. If an owner or
operator is eligible to access the Underground Storage Tank
Fund pursuant to an Office of State Fire Marshal
eligibility/deductible final determination letter issued in
accordance with Section 57.9, the owner or operator may submit
a complete application for final or partial payment to the
Agency for activities taken in response to a confirmed release.
An owner or operator may submit a request for partial or final
payment regarding a site no more frequently than once every 90
days.
(a) Payment after completion of corrective action
measures. The owner or operator may submit an application for
payment for activities performed at a site after completion of

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the requirements of Sections 57.6 and 57.7, or after completion
of any other required activities at the underground storage
tank site.
(1) In the case of any approved plan and budget for
which payment is being sought, the Agency shall make a
payment determination within 120 days of receipt of the
application. Such determination shall be considered a
final decision. The Agency's review shall be limited to
generally accepted auditing and accounting practices. In
no case shall the Agency conduct additional review of any
plan which was completed within the budget, beyond auditing
for adherence to the corrective action measures in the
proposal. If the Agency fails to approve the payment
application within 120 days, such application shall be
deemed approved by operation of law and the Agency shall
proceed to reimburse the owner or operator the amount
requested in the payment application. However, in no event
shall the Agency reimburse the owner or operator an amount
greater than the amount approved in the plan.
(2) If sufficient funds are available in the
Underground Storage Tank Fund, the Agency shall, within 60
days, forward to the Office of the State Comptroller a
voucher in the amount approved under the payment
application.
(3) In the case of insufficient funds, the Agency shall
form a priority list for payment and shall notify persons

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in such priority list monthly of the availability of funds
and when payment shall be made. Payment shall be made to
the owner or operator at such time as sufficient funds
become available for the costs associated with site
investigation and corrective action and costs expended for
activities performed where no proposal is required, if
applicable. Such priority list shall be available to any
owner or operator upon request. Priority for payment shall
be determined by the date the Agency receives a complete
request for partial or final payment. Upon receipt of
notification from the Agency that the requirements of this
Title have been met, the Comptroller shall make payment to
the owner or operator of the amount approved by the Agency,
if sufficient money exists in the Fund. If there is
insufficient money in the Fund, then payment shall not be
made. If the owner or operator appeals a final Agency
payment determination and it is determined that the owner
or operator is eligible for payment or additional payment,
the priority date for the payment or additional payment
shall be the same as the priority date assigned to the
original request for partial or final payment.
(4) Any deductible, as determined pursuant to the
Office of the State Fire Marshal's eligibility and
deductibility final determination in accordance with
Section 57.9, shall be subtracted from any payment invoice
paid to an eligible owner or operator. Only one deductible

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shall apply per underground storage tank site.
(5) In the event that costs are or will be incurred in
addition to those approved by the Agency, or after payment,
the owner or operator may submit successive plans
containing amended budgets. The requirements of Section
57.7 shall apply to any amended plans.
(6) For purposes of this Section, a complete
application shall consist of:
(A) A certification from a Licensed Professional
Engineer or Licensed Professional Geologist as
required under this Title and acknowledged by the owner
or operator.
(B) A statement of the amounts approved in the
budget and the amounts actually sought for payment
along with a certified statement by the owner or
operator that the amounts so sought were expended in
conformance with the approved budget.
(C) A copy of the Office of the State Fire
Marshal's eligibility and deductibility determination.
(D) Proof that approval of the payment requested
will not result in the limitations set forth in
subsection (g) of this Section being exceeded.
(E) A federal taxpayer identification number and
legal status disclosure certification on a form
prescribed and provided by the Agency.
(F) If the Agency determined under subsection

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(c)(3) of Section 57.7 of this Act that corrective
action must include a project labor agreement, a
certification from the owner or operator that the
corrective action was (i) performed under a project
labor agreement that meets the requirements of Section
25 of the Project Labor Agreements Act and (ii)
implemented in a manner consistent with the terms and
conditions of the Project Labor Agreements Act and in
full compliance with all statutes, regulations, and
Executive Orders as required under that Act and the
Prevailing Wage Act.
(b) Commencement of site investigation or corrective
action upon availability of funds. The Board shall adopt
regulations setting forth procedures based on risk to human
health or the environment under which the owner or operator who
has received approval for any budget plan submitted pursuant to
Section 57.7, and who is eligible for payment from the
Underground Storage Tank Fund pursuant to an Office of the
State Fire Marshal eligibility and deductibility
determination, may elect to defer site investigation or
corrective action activities until funds are available in an
amount equal to the amount approved in the budget. The
regulations shall establish criteria based on risk to human
health or the environment to be used for determining on a
site-by-site basis whether deferral is appropriate. The
regulations also shall establish the minimum investigatory

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requirements for determining whether the risk based criteria
are present at a site considering deferral and procedures for
the notification of owners or operators of insufficient funds,
Agency review of request for deferral, notification of Agency
final decisions, returning deferred sites to active status, and
earmarking of funds for payment.
(c) When the owner or operator requests indemnification for
payment of costs incurred as a result of a release of petroleum
from an underground storage tank, if the owner or operator has
satisfied the requirements of subsection (a) of this Section,
the Agency shall forward a copy of the request to the Attorney
General. The Attorney General shall review and approve the
request for indemnification if:
(1) there is a legally enforceable judgment entered
against the owner or operator and such judgment was entered
due to harm caused by a release of petroleum from an
underground storage tank and such judgment was not entered
as a result of fraud; or
(2) a settlement with a third party due to a release of
petroleum from an underground storage tank is reasonable.
(d) Notwithstanding any other provision of this Title, the
Agency shall not approve payment to an owner or operator from
the Fund for costs of corrective action or indemnification
incurred during a calendar year in excess of the following
aggregate amounts based on the number of petroleum underground
storage tanks owned or operated by such owner or operator in

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Illinois.
Amount Number of Tanks
$2,000,000........................fewer than 101
$3,000,000................................101 or more
(1) Costs incurred in excess of the aggregate amounts
set forth in paragraph (1) of this subsection shall not be
eligible for payment in subsequent years.
(2) For purposes of this subsection, requests
submitted by any of the agencies, departments, boards,
committees or commissions of the State of Illinois shall be
acted upon as claims from a single owner or operator.
(3) For purposes of this subsection, owner or operator
includes (i) any subsidiary, parent, or joint stock company
of the owner or operator and (ii) any company owned by any
parent, subsidiary, or joint stock company of the owner or
operator.
(e) Costs of corrective action or indemnification incurred
by an owner or operator which have been paid to an owner or
operator under a policy of insurance, another written
agreement, or a court order are not eligible for payment under
this Section. An owner or operator who receives payment under a
policy of insurance, another written agreement, or a court
order shall reimburse the State to the extent such payment
covers costs for which payment was received from the Fund. Any
monies received by the State under this subsection (e) shall be
deposited into the Fund.

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(f) (Blank.)
(g) The Agency shall not approve any payment from the Fund
to pay an owner or operator:
(1) for costs of corrective action incurred by such
owner or operator in an amount in excess of $1,500,000 per
occurrence; and
(2) for costs of indemnification of such owner or
operator in an amount in excess of $1,500,000 per
occurrence.
(h) Payment of any amount from the Fund for corrective
action or indemnification shall be subject to the State
acquiring by subrogation the rights of any owner, operator, or
other person to recover the costs of corrective action or
indemnification for which the Fund has compensated such owner,
operator, or person from the person responsible or liable for
the release.
(i) If the Agency refuses to pay or authorizes only a
partial payment, the affected owner or operator may petition
the Board for a hearing in the manner provided for the review
of permit decisions in Section 40 of this Act.
(j) Costs of corrective action or indemnification incurred
by an owner or operator prior to July 28, 1989, shall not be
eligible for payment or reimbursement under this Section.
(k) The Agency shall not pay costs of corrective action or
indemnification incurred before providing notification of the
release of petroleum in accordance with the provisions of this

09800SB1470ham001 - 23 - LRB098 03832 JDS 46059 a
Title.
(l) Corrective action does not include legal defense costs.
Legal defense costs include legal costs for seeking payment
under this Title unless the owner or operator prevails before
the Board in which case the Board may authorize payment of
legal fees.
(m) The Agency may apportion payment of costs for plans
submitted under Section 57.7 if:
(1) the owner or operator was deemed eligible to access
the Fund for payment of corrective action costs for some,
but not all, of the underground storage tanks at the site;
and
(2) the owner or operator failed to justify all costs
attributable to each underground storage tank at the site.
(n) The Agency shall not pay costs associated with a
corrective action plan incurred after the Agency provides
notification to the owner or operator pursuant to item (7) of
subsection (b) of Section 57.7 that a revised corrective action
plan is required. Costs associated with any subsequently
approved corrective action plan shall be eligible for
reimbursement if they meet the requirements of this Title.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 15. The Prevailing Wage Act is amended by changing
Section 2 as follows:

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(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act, or
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; or funds from the
Fund for Illinois' Future under Section 6z-47 of the State
Finance Act, funds for school construction under Section 5 of
the General Obligation Bond Act, funds authorized under Section
3 of the School Construction Bond Act, funds for school
infrastructure under Section 6z-45 of the State Finance Act,

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and funds for transportation purposes under Section 4 of the
General Obligation Bond Act. "Public works" also includes (i)
all projects financed in whole or in part with funds from the
Department of Commerce and Economic Opportunity under the
Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public Private
Agreements for the Illiana Expressway Act; and (iii) all
projects undertaken under a public-private agreement under the
Public-Private Partnerships for Transportation Act. "Public
works" also includes all projects at leased facility property
used for airport purposes under Section 35 of the Local
Government Facility Lease Act. "Public works" also includes the
construction of a new wind power facility by a business
designated as a High Impact Business under Section 5.5(a)(3)(E)
of the Illinois Enterprise Zone Act. "Public works" also
includes any corrective action performed pursuant to Title XVI
of the Environmental Protection Act for which payment from the
Underground Storage Tank Fund is requested. "Public works" does
not include work done directly by any public utility company,
whether or not done under public supervision or direction, or
paid for wholly or in part out of public funds. "Public works"
does not include projects undertaken by the owner at an
owner-occupied single-family residence or at an owner-occupied
unit of a multi-family residence.
"Construction" means all work on public works involving

09800SB1470ham001 - 26 - LRB098 03832 JDS 46059 a
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",

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"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
(Source: P.A. 96-28, eff. 7-1-09; 96-58, eff. 1-1-10; 96-186,
eff. 1-1-10; 96-913, eff. 6-9-10; 96-1000, eff. 7-2-10; 97-502,
eff. 8-23-11.)
Section 99. Effective date. This Act takes effect August 1,
2013.".