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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1898 Introduced 2/9/2023, by Sen. Win Stoller SYNOPSIS AS INTRODUCED:
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| 20 ILCS 655/5.5 | from Ch. 67 1/2, par. 609.1 | 820 ILCS 130/2 | from Ch. 48, par. 39s-2 |
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Amends the Illinois Enterprise Zone Act. Provides that Department of Commerce and Economic Opportunity may designate a business that intends to establish a new wind power facility or a utility-scale solar facility as a high impact business only if the municipality in which the facility will be located (or the county in which the facility will be located, if the facility will be located in an unincorporated area of the county) approves, in writing, the designation of the business as a high impact business. Makes conforming changes. Amends the Prevailing Wage Act to make conforming changes. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Enterprise Zone Act is amended by |
5 | | changing Section 5.5 as follows:
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6 | | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
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7 | | Sec. 5.5. High Impact Business.
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8 | | (a) In order to respond to unique opportunities to assist |
9 | | in the
encouragement, development, growth, and expansion of |
10 | | the private sector through
large scale investment and |
11 | | development projects, the Department is authorized
to receive |
12 | | and approve applications for the designation of "High Impact
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13 | | Businesses" in Illinois subject to the following conditions:
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14 | | (1) such applications may be submitted at any time |
15 | | during the year;
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16 | | (2) such business is not located, at the time of |
17 | | designation, in
an enterprise zone designated pursuant to |
18 | | this Act;
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19 | | (3) the business intends to do one or more of the |
20 | | following:
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21 | | (A) the business intends to make a minimum |
22 | | investment of
$12,000,000 which will be placed in |
23 | | service in qualified property and
intends to create |
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1 | | 500 full-time equivalent jobs at a designated location
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2 | | in Illinois or intends to make a minimum investment of |
3 | | $30,000,000 which
will be placed in service in |
4 | | qualified property and intends to retain 1,500
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5 | | full-time retained jobs at a designated location in |
6 | | Illinois.
The business must certify in writing that |
7 | | the investments would not be
placed in service in |
8 | | qualified property and the job creation or job
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9 | | retention would not occur without the tax credits and |
10 | | exemptions set forth
in subsection (b) of this |
11 | | Section. The terms "placed in service" and
"qualified |
12 | | property" have the same meanings as described in |
13 | | subsection (h)
of Section 201 of the Illinois Income |
14 | | Tax Act; or
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15 | | (B) the business intends to establish a new |
16 | | electric generating
facility at a designated location |
17 | | in Illinois. "New electric generating
facility", for |
18 | | purposes of this Section, means a newly constructed
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19 | | electric
generation plant
or a newly constructed |
20 | | generation capacity expansion at an existing electric
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21 | | generation
plant, including the transmission lines and |
22 | | associated
equipment that transfers electricity from |
23 | | points of supply to points of
delivery, and for which |
24 | | such new foundation construction commenced not sooner
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25 | | than July 1,
2001. Such facility shall be designed to |
26 | | provide baseload electric
generation and shall operate |
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1 | | on a continuous basis throughout the year;
and (i) |
2 | | shall have an aggregate rated generating capacity of |
3 | | at least 1,000
megawatts for all new units at one site |
4 | | if it uses natural gas as its primary
fuel and |
5 | | foundation construction of the facility is commenced |
6 | | on
or before December 31, 2004, or shall have an |
7 | | aggregate rated generating
capacity of at least 400 |
8 | | megawatts for all new units at one site if it uses
coal |
9 | | or gases derived from coal
as its primary fuel and
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10 | | shall support the creation of at least 150 new |
11 | | Illinois coal mining jobs, or
(ii) shall be funded |
12 | | through a federal Department of Energy grant before |
13 | | December 31, 2010 and shall support the creation of |
14 | | Illinois
coal-mining
jobs, or (iii) shall use coal |
15 | | gasification or integrated gasification-combined cycle |
16 | | units
that generate
electricity or chemicals, or both, |
17 | | and shall support the creation of Illinois
coal-mining
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18 | | jobs.
The
business must certify in writing that the |
19 | | investments necessary to establish
a new electric |
20 | | generating facility would not be placed in service and |
21 | | the
job creation in the case of a coal-fueled plant
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22 | | would not occur without the tax credits and exemptions |
23 | | set forth in
subsection (b-5) of this Section. The |
24 | | term "placed in service" has
the same meaning as |
25 | | described in subsection
(h) of Section 201 of the |
26 | | Illinois Income Tax Act; or
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1 | | (B-5) the business intends to establish a new |
2 | | gasification
facility at a designated location in |
3 | | Illinois. As used in this Section, "new gasification |
4 | | facility" means a newly constructed coal gasification |
5 | | facility that generates chemical feedstocks or |
6 | | transportation fuels derived from coal (which may |
7 | | include, but are not limited to, methane, methanol, |
8 | | and nitrogen fertilizer), that supports the creation |
9 | | or retention of Illinois coal-mining jobs, and that |
10 | | qualifies for financial assistance from the Department |
11 | | before December 31, 2010. A new gasification facility |
12 | | does not include a pilot project located within |
13 | | Jefferson County or within a county adjacent to |
14 | | Jefferson County for synthetic natural gas from coal; |
15 | | or |
16 | | (C) the business intends to establish
production |
17 | | operations at a new coal mine, re-establish production |
18 | | operations at
a closed coal mine, or expand production |
19 | | at an existing coal mine
at a designated location in |
20 | | Illinois not sooner than July 1, 2001;
provided that |
21 | | the
production operations result in the creation of |
22 | | 150 new Illinois coal mining
jobs as described in |
23 | | subdivision (a)(3)(B) of this Section, and further
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24 | | provided that the coal extracted from such mine is |
25 | | utilized as the predominant
source for a new electric |
26 | | generating facility.
The business must certify in |
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1 | | writing that the
investments necessary to establish a |
2 | | new, expanded, or reopened coal mine would
not
be |
3 | | placed in service and the job creation would not
occur |
4 | | without the tax credits and exemptions set forth in |
5 | | subsection (b-5) of
this Section. The term "placed in |
6 | | service" has
the same meaning as described in |
7 | | subsection (h) of Section 201 of the
Illinois Income |
8 | | Tax Act; or
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9 | | (D) the business intends to construct new |
10 | | transmission facilities or
upgrade existing |
11 | | transmission facilities at designated locations in |
12 | | Illinois,
for which construction commenced not sooner |
13 | | than July 1, 2001. For the
purposes of this Section, |
14 | | "transmission facilities" means transmission lines
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15 | | with a voltage rating of 115 kilovolts or above, |
16 | | including associated
equipment, that transfer |
17 | | electricity from points of supply to points of
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18 | | delivery and that transmit a majority of the |
19 | | electricity generated by a new
electric generating |
20 | | facility designated as a High Impact Business in |
21 | | accordance
with this Section. The business must |
22 | | certify in writing that the investments
necessary to |
23 | | construct new transmission facilities or upgrade |
24 | | existing
transmission facilities would not be placed |
25 | | in service
without the tax credits and exemptions set |
26 | | forth in subsection (b-5) of this
Section. The term |
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1 | | "placed in service" has the
same meaning as described |
2 | | in subsection (h) of Section 201 of the Illinois
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3 | | Income Tax Act; or
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4 | | (E) the business intends to establish a new wind |
5 | | power facility at a designated location in Illinois |
6 | | and the municipality in which the wind power facility |
7 | | will be located (or the county in which the wind power |
8 | | facility will be located, if the facility will be |
9 | | located in an unincorporated area of the county) |
10 | | approves, in writing, the designation of the business |
11 | | as a high impact business . For purposes of this |
12 | | Section, "new wind power facility" means a newly |
13 | | constructed electric generation facility, a newly |
14 | | constructed expansion of an existing electric |
15 | | generation facility, or the replacement of an existing |
16 | | electric generation facility, including the demolition |
17 | | and removal of an electric generation facility |
18 | | irrespective of whether it will be replaced, placed in |
19 | | service or replaced on or after July 1, 2009, that |
20 | | generates electricity using wind energy devices, and |
21 | | such facility shall be deemed to include any permanent |
22 | | structures associated with the electric generation |
23 | | facility and all associated transmission lines, |
24 | | substations, and other equipment related to the |
25 | | generation of electricity from wind energy devices. |
26 | | For purposes of this Section, "wind energy device" |
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1 | | means any device, with a nameplate capacity of at |
2 | | least 0.5 megawatts, that is used in the process of |
3 | | converting kinetic energy from the wind to generate |
4 | | electricity; or |
5 | | (E-5) the business intends to establish a new |
6 | | utility-scale solar facility at a designated location |
7 | | in Illinois and the municipality in which the solar |
8 | | facility will be located (or the county in which the |
9 | | solar facility will be located, if the facility will |
10 | | be located in an unincorporated area of the county) |
11 | | approves, in writing, the designation of the business |
12 | | as a high impact business . For purposes of this |
13 | | Section, "new utility-scale solar power facility" |
14 | | means a newly constructed electric generation |
15 | | facility, or a newly constructed expansion of an |
16 | | existing electric generation facility, placed in |
17 | | service on or after July 1, 2021, that (i) generates |
18 | | electricity using photovoltaic cells and (ii) has a |
19 | | nameplate capacity that is greater than 5,000 |
20 | | kilowatts, and such facility shall be deemed to |
21 | | include all associated transmission lines, |
22 | | substations, energy storage facilities, and other |
23 | | equipment related to the generation and storage of |
24 | | electricity from photovoltaic cells; or |
25 | | (F) the business commits to (i) make a minimum |
26 | | investment of $500,000,000, which will be placed in |
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1 | | service in a qualified property, (ii) create 125 |
2 | | full-time equivalent jobs at a designated location in |
3 | | Illinois, (iii) establish a fertilizer plant at a |
4 | | designated location in Illinois that complies with the |
5 | | set-back standards as described in Table 1: Initial |
6 | | Isolation and Protective Action Distances in the 2012 |
7 | | Emergency Response Guidebook published by the United |
8 | | States Department of Transportation, (iv) pay a |
9 | | prevailing wage for employees at that location who are |
10 | | engaged in construction activities, and (v) secure an |
11 | | appropriate level of general liability insurance to |
12 | | protect against catastrophic failure of the fertilizer |
13 | | plant or any of its constituent systems; in addition, |
14 | | the business must agree to enter into a construction |
15 | | project labor agreement including provisions |
16 | | establishing wages, benefits, and other compensation |
17 | | for employees performing work under the project labor |
18 | | agreement at that location; for the purposes of this |
19 | | Section, "fertilizer plant" means a newly constructed |
20 | | or upgraded plant utilizing gas used in the production |
21 | | of anhydrous ammonia and downstream nitrogen |
22 | | fertilizer products for resale; for the purposes of |
23 | | this Section, "prevailing wage" means the hourly cash |
24 | | wages plus fringe benefits for training and
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25 | | apprenticeship programs approved by the U.S. |
26 | | Department of Labor, Bureau of
Apprenticeship and |
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1 | | Training, health and welfare, insurance, vacations and
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2 | | pensions paid generally, in the
locality in which the |
3 | | work is being performed, to employees engaged in
work |
4 | | of a similar character on public works; this paragraph |
5 | | (F) applies only to businesses that submit an |
6 | | application to the Department within 60 days after |
7 | | July 25, 2013 (the effective date of Public Act |
8 | | 98-109); and |
9 | | (4) no later than 90 days after an application is |
10 | | submitted, the
Department shall notify the applicant of |
11 | | the Department's determination of
the qualification of the |
12 | | proposed High Impact Business under this Section.
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13 | | (b) Businesses designated as High Impact Businesses |
14 | | pursuant to
subdivision (a)(3)(A) of this Section shall |
15 | | qualify for the credits and
exemptions described in the
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16 | | following Acts: Section 9-222 and Section 9-222.1A of the |
17 | | Public Utilities
Act,
subsection (h)
of Section 201 of the |
18 | | Illinois Income Tax Act,
and Section 1d of
the
Retailers' |
19 | | Occupation Tax Act; provided that these credits and
exemptions
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20 | | described in these Acts shall not be authorized until the |
21 | | minimum
investments set forth in subdivision (a)(3)(A) of this
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22 | | Section have been placed in
service in qualified properties |
23 | | and, in the case of the exemptions
described in the Public |
24 | | Utilities Act and Section 1d of the Retailers'
Occupation Tax |
25 | | Act, the minimum full-time equivalent jobs or full-time |
26 | | retained jobs set
forth in subdivision (a)(3)(A) of this |
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1 | | Section have been
created or retained.
Businesses designated |
2 | | as High Impact Businesses under
this Section shall also
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3 | | qualify for the exemption described in Section 5l of the |
4 | | Retailers' Occupation
Tax Act. The credit provided in |
5 | | subsection (h) of Section 201 of the Illinois
Income Tax Act |
6 | | shall be applicable to investments in qualified property as |
7 | | set
forth in subdivision (a)(3)(A) of this Section.
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8 | | (b-5) Businesses designated as High Impact Businesses |
9 | | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), |
10 | | and (a)(3)(D) of this Section shall qualify
for the credits |
11 | | and exemptions described in the following Acts: Section 51 of
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12 | | the Retailers' Occupation Tax Act, Section 9-222 and Section |
13 | | 9-222.1A of the
Public Utilities Act, and subsection (h) of |
14 | | Section 201 of the Illinois Income
Tax Act; however, the |
15 | | credits and exemptions authorized under Section 9-222 and
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16 | | Section 9-222.1A of the Public Utilities Act, and subsection |
17 | | (h) of Section 201
of the Illinois Income Tax Act shall not be |
18 | | authorized until the new electric
generating facility, the new |
19 | | gasification facility, the new transmission facility, or the |
20 | | new, expanded, or
reopened coal mine is operational,
except |
21 | | that a new electric generating facility whose primary fuel |
22 | | source is
natural gas is eligible only for the exemption under |
23 | | Section 5l of the
Retailers' Occupation Tax Act.
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24 | | (b-6) Businesses designated as High Impact Businesses on |
25 | | or before the effective date of this amendatory Act of the |
26 | | 103rd General Assembly pursuant to subdivision (a)(3)(E) or |
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1 | | (a)(3)(E-5) of this Section shall qualify for the exemptions |
2 | | described in Section 5l of the Retailers' Occupation Tax Act; |
3 | | any business so designated as a High Impact Business being, |
4 | | for purposes of this Section, a "Wind Energy Business". |
5 | | (b-7) Beginning on January 1, 2021, businesses designated |
6 | | as High Impact Businesses by the Department shall qualify for |
7 | | the High Impact Business construction jobs credit under |
8 | | subsection (h-5) of Section 201 of the Illinois Income Tax Act |
9 | | if the business meets the criteria set forth in subsection (i) |
10 | | of this Section. The total aggregate amount of credits awarded |
11 | | under the Blue Collar Jobs Act (Article 20 of Public Act 101-9) |
12 | | shall not exceed $20,000,000 in any State fiscal year. |
13 | | (c) High Impact Businesses located in federally designated |
14 | | foreign trade
zones or sub-zones are also eligible for |
15 | | additional credits, exemptions and
deductions as described in |
16 | | the following Acts: Section 9-221 and Section
9-222.1 of the |
17 | | Public
Utilities Act; and subsection (g) of Section 201, and |
18 | | Section 203
of the Illinois Income Tax Act.
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19 | | (d) Existing Except for businesses contemplated under |
20 | | subdivision (a)(3)(E) or (a)(3)(E-5) of this Section, existing |
21 | | Illinois businesses which apply for designation as a
High |
22 | | Impact Business must provide the Department with the |
23 | | prospective plan
for which 1,500 full-time retained jobs would |
24 | | be eliminated in the event that the
business is not |
25 | | designated.
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26 | | (e) New Except for new wind power facilities contemplated |
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1 | | under subdivision (a)(3)(E) of this Section, new proposed |
2 | | facilities which apply for designation as High Impact
Business |
3 | | must provide the Department with proof of alternative |
4 | | non-Illinois
sites which would receive the proposed investment |
5 | | and job creation in the
event that the business is not |
6 | | designated as a High Impact Business.
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7 | | (f) If Except for businesses contemplated under |
8 | | subdivision (a)(3)(E) of this Section, in the event that a |
9 | | business is designated a High Impact Business
and it is later |
10 | | determined after reasonable notice and an opportunity for a
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11 | | hearing as provided under the Illinois Administrative |
12 | | Procedure Act, that
the business would have placed in service |
13 | | in qualified property the
investments and created or retained |
14 | | the requisite number of jobs without
the benefits of the High |
15 | | Impact Business designation, the Department shall
be required |
16 | | to immediately revoke the designation and notify the Director
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17 | | of the Department of Revenue who shall begin proceedings to |
18 | | recover all
wrongfully exempted State taxes with interest. The |
19 | | business shall also be
ineligible for all State funded |
20 | | Department programs for a period of 10 years.
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21 | | (g) The Department shall revoke a High Impact Business |
22 | | designation if
the participating business fails to comply with |
23 | | the terms and conditions of
the designation.
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24 | | (h) Prior to designating a business, the Department shall |
25 | | provide the
members of the General Assembly and Commission on |
26 | | Government Forecasting and Accountability
with a report |
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1 | | setting forth the terms and conditions of the designation and
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2 | | guarantees that have been received by the Department in |
3 | | relation to the
proposed business being designated.
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4 | | (i) High Impact Business construction jobs credit. |
5 | | Beginning on January 1, 2021, a High Impact Business may |
6 | | receive a tax credit against the tax imposed under subsections |
7 | | (a) and (b) of Section 201 of the Illinois Income Tax Act in an |
8 | | amount equal to 50% of the amount of the incremental income tax |
9 | | attributable to High Impact Business construction jobs credit |
10 | | employees employed in the course of completing a High Impact |
11 | | Business construction jobs project. However, the High Impact |
12 | | Business construction jobs credit may equal 75% of the amount |
13 | | of the incremental income tax attributable to High Impact |
14 | | Business construction jobs credit employees if the High Impact |
15 | | Business construction jobs credit project is located in an |
16 | | underserved area. |
17 | | The Department shall certify to the Department of Revenue: |
18 | | (1) the identity of taxpayers that are eligible for the High |
19 | | Impact Business construction jobs credit; and (2) the amount |
20 | | of High Impact Business construction jobs credits that are |
21 | | claimed pursuant to subsection (h-5) of Section 201 of the |
22 | | Illinois Income Tax Act in each taxable year. Any business |
23 | | entity that receives a High Impact Business construction jobs |
24 | | credit shall maintain a certified payroll pursuant to |
25 | | subsection (j) of this Section. |
26 | | As used in this subsection (i): |
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1 | | "High Impact Business construction jobs credit" means an |
2 | | amount equal to 50% (or 75% if the High Impact Business |
3 | | construction project is located in an underserved area) of the |
4 | | incremental income tax attributable to High Impact Business |
5 | | construction job employees. The total aggregate amount of |
6 | | credits awarded under the Blue Collar Jobs Act (Article 20 of |
7 | | Public Act 101-9) shall not exceed $20,000,000 in any State |
8 | | fiscal year |
9 | | "High Impact Business construction job employee" means a |
10 | | laborer or worker who is employed by an Illinois contractor or |
11 | | subcontractor in the actual construction work on the site of a |
12 | | High Impact Business construction job project. |
13 | | "High Impact Business construction jobs project" means |
14 | | building a structure or building or making improvements of any |
15 | | kind to real property, undertaken and commissioned by a |
16 | | business that was designated as a High Impact Business by the |
17 | | Department. The term "High Impact Business construction jobs |
18 | | project" does not include the routine operation, routine |
19 | | repair, or routine maintenance of existing structures, |
20 | | buildings, or real property. |
21 | | "Incremental income tax" means the total amount withheld |
22 | | during the taxable year from the compensation of High Impact |
23 | | Business construction job employees. |
24 | | "Underserved area" means a geographic area that meets one |
25 | | or more of the following conditions: |
26 | | (1) the area has a poverty rate of at least 20% |
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1 | | according to the latest American Community Survey; |
2 | | (2) 35% or more of the families with children in the |
3 | | area are living below 130% of the poverty line, according |
4 | | to the latest American Community Survey; |
5 | | (3) at least 20% of the households in the area receive |
6 | | assistance under the Supplemental Nutrition Assistance |
7 | | Program (SNAP); or |
8 | | (4) the area has an average unemployment rate, as |
9 | | determined by the Illinois Department of Employment |
10 | | Security, that is more than 120% of the national |
11 | | unemployment average, as determined by the U.S. Department |
12 | | of Labor, for a period of at least 2 consecutive calendar |
13 | | years preceding the date of the application. |
14 | | (j) Each contractor and subcontractor who is engaged in |
15 | | and executing a High Impact Business Construction jobs |
16 | | project, as defined under subsection (i) of this Section, for |
17 | | a business that is entitled to a credit pursuant to subsection |
18 | | (i) of this Section shall: |
19 | | (1) make and keep, for a period of 5 years from the |
20 | | date of the last payment made on or after June 5, 2019 (the |
21 | | effective date of Public Act 101-9) on a contract or |
22 | | subcontract for a High Impact Business Construction Jobs |
23 | | Project, records for all laborers and other workers |
24 | | employed by the contractor or subcontractor on the |
25 | | project; the records shall include: |
26 | | (A) the worker's name; |
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1 | | (B) the worker's address; |
2 | | (C) the worker's telephone number, if available; |
3 | | (D) the worker's social security number; |
4 | | (E) the worker's classification or |
5 | | classifications; |
6 | | (F) the worker's gross and net wages paid in each |
7 | | pay period; |
8 | | (G) the worker's number of hours worked each day; |
9 | | (H) the worker's starting and ending times of work |
10 | | each day; |
11 | | (I) the worker's hourly wage rate; |
12 | | (J) the worker's hourly overtime wage rate; |
13 | | (K) the worker's race and ethnicity; and |
14 | | (L) the worker's gender; |
15 | | (2) no later than the 15th day of each calendar month, |
16 | | provide a certified payroll for the immediately preceding |
17 | | month to the taxpayer in charge of the High Impact |
18 | | Business construction jobs project; within 5 business days |
19 | | after receiving the certified payroll, the taxpayer shall |
20 | | file the certified payroll with the Department of Labor |
21 | | and the Department of Commerce and Economic Opportunity; a |
22 | | certified payroll must be filed for only those calendar |
23 | | months during which construction on a High Impact Business |
24 | | construction jobs project has occurred; the certified |
25 | | payroll shall consist of a complete copy of the records |
26 | | identified in paragraph (1) of this subsection (j), but |
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1 | | may exclude the starting and ending times of work each |
2 | | day; the certified payroll shall be accompanied by a |
3 | | statement signed by the contractor or subcontractor or an |
4 | | officer, employee, or agent of the contractor or |
5 | | subcontractor which avers that: |
6 | | (A) he or she has examined the certified payroll |
7 | | records required to be submitted by the Act and such |
8 | | records are true and accurate; and |
9 | | (B) the contractor or subcontractor is aware that |
10 | | filing a certified payroll that he or she knows to be |
11 | | false is a Class A misdemeanor. |
12 | | A general contractor is not prohibited from relying on a |
13 | | certified payroll of a lower-tier subcontractor, provided the |
14 | | general contractor does not knowingly rely upon a |
15 | | subcontractor's false certification. |
16 | | Any contractor or subcontractor subject to this |
17 | | subsection, and any officer, employee, or agent of such |
18 | | contractor or subcontractor whose duty as an officer, |
19 | | employee, or agent it is to file a certified payroll under this |
20 | | subsection, who willfully fails to file such a certified |
21 | | payroll on or before the date such certified payroll is |
22 | | required by this paragraph to be filed and any person who |
23 | | willfully files a false certified payroll that is false as to |
24 | | any material fact is in violation of this Act and guilty of a |
25 | | Class A misdemeanor. |
26 | | The taxpayer in charge of the project shall keep the |
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1 | | records submitted in accordance with this subsection on or |
2 | | after June 5, 2019 (the effective date of Public Act 101-9) for |
3 | | a period of 5 years from the date of the last payment for work |
4 | | on a contract or subcontract for the High Impact Business |
5 | | construction jobs project. |
6 | | The records submitted in accordance with this subsection |
7 | | shall be considered public records, except an employee's |
8 | | address, telephone number, and social security number, and |
9 | | made available in accordance with the Freedom of Information |
10 | | Act. The Department of Labor shall share the information with |
11 | | the Department in order to comply with the awarding of a High |
12 | | Impact Business construction jobs credit. A contractor, |
13 | | subcontractor, or public body may retain records required |
14 | | under this Section in paper or electronic format. |
15 | | (k) Upon 7 business days' notice, each contractor and |
16 | | subcontractor shall make available for inspection and copying |
17 | | at a location within this State during reasonable hours, the |
18 | | records identified in this subsection (j) to the taxpayer in |
19 | | charge of the High Impact Business construction jobs project, |
20 | | its officers and agents, the Director of the Department of |
21 | | Labor and his or her deputies and agents, and to federal, |
22 | | State, or local law enforcement agencies and prosecutors. |
23 | | (Source: P.A. 101-9, eff. 6-5-19; 102-108, eff. 1-1-22; |
24 | | 102-558, eff. 8-20-21; 102-605, eff. 8-27-21; 102-662, eff. |
25 | | 9-15-21; 102-673, eff. 11-30-21; 102-813, eff. 5-13-22.)
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1 | | Section 10. The Prevailing Wage Act is amended by changing |
2 | | Section 2 as follows:
|
3 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
|
4 | | Sec. 2. This Act applies to the wages of laborers, |
5 | | mechanics and
other workers employed in any public works, as |
6 | | hereinafter defined, by
any public body and to anyone under |
7 | | contracts for public works. This includes any maintenance, |
8 | | repair, assembly, or disassembly work performed on equipment |
9 | | whether owned, leased, or rented.
|
10 | | As used in this Act, unless the context indicates |
11 | | otherwise:
|
12 | | "Public works" means all fixed works constructed or |
13 | | demolished by
any public body,
or paid for wholly or in part |
14 | | out of public funds. "Public works" as
defined herein includes |
15 | | all projects financed in whole
or in part with bonds, grants, |
16 | | loans, or other funds made available by or through the State or |
17 | | any of its political subdivisions, including but not limited |
18 | | to: bonds issued under the Industrial Project Revenue Bond
Act |
19 | | (Article 11, Division 74 of the Illinois Municipal Code), the |
20 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
21 | | Authority Act,
the Illinois Sports Facilities Authority Act, |
22 | | or the Build Illinois Bond Act; loans or other funds made
|
23 | | available pursuant to the Build Illinois Act; loans or other |
24 | | funds made available pursuant to the Riverfront Development |
25 | | Fund under Section 10-15 of the River Edge Redevelopment Zone |
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1 | | Act; or funds from the Fund for
Illinois' Future under Section |
2 | | 6z-47 of the State Finance Act, funds for school
construction |
3 | | under Section 5 of the General Obligation Bond Act, funds
|
4 | | authorized under Section 3 of the School Construction Bond |
5 | | Act, funds for
school infrastructure under Section 6z-45 of |
6 | | the State Finance Act, and funds
for transportation purposes |
7 | | under Section 4 of the General Obligation Bond
Act. "Public |
8 | | works" also includes (i) all projects financed in whole or in |
9 | | part
with funds from the Environmental Protection Agency under |
10 | | the Illinois Renewable Fuels Development Program
Act for which |
11 | | there is no project labor agreement; (ii) all work performed |
12 | | pursuant to a public private agreement under the Public |
13 | | Private Agreements for the Illiana Expressway Act or the |
14 | | Public-Private Agreements for the South Suburban Airport Act; |
15 | | (iii) all projects undertaken under a public-private agreement |
16 | | under the Public-Private Partnerships for Transportation Act; |
17 | | and (iv) all transportation facilities undertaken under a |
18 | | design-build contract or a Construction Manager/General |
19 | | Contractor contract under the Innovations for Transportation |
20 | | Infrastructure Act. "Public works" also includes all projects |
21 | | at leased facility property used for airport purposes under |
22 | | Section 35 of the Local Government Facility Lease Act. "Public |
23 | | works" also includes the construction of a new wind power |
24 | | facility by a business designated on or before the effective |
25 | | date of this amendatory Act of the 103rd General Assembly as a |
26 | | High Impact Business or under Section 5.5(a)(3)(E) and the |
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1 | | construction of a new utility-scale solar power facility by a |
2 | | business designated on or before the effective date of this |
3 | | amendatory Act of the 103rd General Assembly as a High Impact |
4 | | Business under Section 5.5(a)(3)(E-5) of the Illinois |
5 | | Enterprise Zone Act.
"Public works" also includes electric |
6 | | vehicle charging station projects financed pursuant to the |
7 | | Electric Vehicle Act and renewable energy projects required to |
8 | | pay the prevailing wage pursuant to the Illinois Power Agency |
9 | | Act. "Public works" does not include work done directly by any |
10 | | public utility company, whether or not done under public |
11 | | supervision or direction, or paid for wholly or in part out of |
12 | | public funds. "Public works" also includes construction |
13 | | projects performed by a third party contracted by any public |
14 | | utility, as described in subsection (a) of Section 2.1, in |
15 | | public rights-of-way, as defined in Section 21-201 of the |
16 | | Public Utilities Act, whether or not done under public |
17 | | supervision or direction, or paid for wholly or in part out of |
18 | | public funds. "Public works" also includes construction |
19 | | projects that exceed 15 aggregate miles of new fiber optic |
20 | | cable, performed by a third party contracted by any public |
21 | | utility, as described in subsection (b) of Section 2.1, in |
22 | | public rights-of-way, as defined in Section 21-201 of the |
23 | | Public Utilities Act, whether or not done under public |
24 | | supervision or direction, or paid for wholly or in part out of |
25 | | public funds. "Public works" also includes any corrective |
26 | | action performed pursuant to Title XVI of the Environmental |
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1 | | Protection Act for which payment from the Underground Storage |
2 | | Tank Fund is requested. "Public works" does not include |
3 | | projects undertaken by the owner at an owner-occupied |
4 | | single-family residence or at an owner-occupied unit of a |
5 | | multi-family residence. "Public works" does not include work |
6 | | performed for soil and water conservation purposes on |
7 | | agricultural lands, whether or not done under public |
8 | | supervision or paid for wholly or in part out of public funds, |
9 | | done directly by an owner or person who has legal control of |
10 | | those lands.
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11 | | "Construction" means all work on public works involving |
12 | | laborers,
workers or mechanics. This includes any maintenance, |
13 | | repair, assembly, or disassembly work performed on equipment |
14 | | whether owned, leased, or rented.
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15 | | "Locality" means the county where the physical work upon |
16 | | public works
is performed, except (1) that if there is not |
17 | | available in the county a
sufficient number of competent |
18 | | skilled laborers, workers and mechanics
to construct the |
19 | | public works efficiently and properly, "locality"
includes any |
20 | | other county nearest the one in which the work or
construction |
21 | | is to be performed and from which such persons may be
obtained |
22 | | in sufficient numbers to perform the work and (2) that, with
|
23 | | respect to contracts for highway work with the Department of
|
24 | | Transportation of this State, "locality" may at the discretion |
25 | | of the
Secretary of the Department of Transportation be |
26 | | construed to include
two or more adjacent counties from which |
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1 | | workers may be accessible for
work on such construction.
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2 | | "Public body" means the State or any officer, board or |
3 | | commission of
the State or any political subdivision or |
4 | | department thereof, or any
institution supported in whole or |
5 | | in part by public funds,
and includes every county, city, |
6 | | town,
village, township, school district, irrigation, utility, |
7 | | reclamation
improvement or other district and every other |
8 | | political subdivision,
district or municipality of the state |
9 | | whether such political
subdivision, municipality or district |
10 | | operates under a special charter
or not.
|
11 | | "Labor organization" means an organization that is the |
12 | | exclusive representative of an
employer's employees recognized |
13 | | or certified pursuant to the National Labor Relations Act. |
14 | | The terms "general prevailing rate of hourly wages", |
15 | | "general
prevailing rate of wages" or "prevailing rate of |
16 | | wages" when used in
this Act mean the hourly cash wages plus |
17 | | annualized fringe benefits for training and
apprenticeship |
18 | | programs approved by the U.S. Department of Labor, Bureau of
|
19 | | Apprenticeship and Training, health and welfare, insurance, |
20 | | vacations and
pensions paid generally, in the
locality in |
21 | | which the work is being performed, to employees engaged in
|
22 | | work of a similar character on public works.
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23 | | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; |
24 | | 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. |
25 | | 6-15-22.)
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26 | | Section 99. Effective date. This Act takes effect upon |