103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3370 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 from Ch. 48, par. 39s-2 Amends the Prevailing Wage Act. Provides that the definition of "public works" includes power washing projects in which steam or pressurized water, with or without added abrasives or chemicals, is used to remove paint or other coatings, oils or grease, corrosion, or debris from a surface or to prepare a surface for a coating. LRB103 25484 SPS 51833 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3370 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/2 from Ch. 48, par. 39s-2 Amends the Prevailing Wage Act. Provides that the definition of "public works" includes power washing projects in which steam or pressurized water, with or without added abrasives or chemicals, is used to remove paint or other coatings, oils or grease, corrosion, or debris from a surface or to prepare a surface for a coating. LRB103 25484 SPS 51833 b LRB103 25484 SPS 51833 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3370 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/2 from Ch. 48, par. 39s-2 Amends the Prevailing Wage Act. Provides that the definition of "public works" includes power washing projects in which steam or pressurized water, with or without added abrasives or chemicals, is used to remove paint or other coatings, oils or grease, corrosion, or debris from a surface or to prepare a surface for a coating. LRB103 25484 SPS 51833 b LRB103 25484 SPS 51833 b LRB103 25484 SPS 51833 b A BILL FOR HB3370LRB103 25484 SPS 51833 b HB3370 LRB103 25484 SPS 51833 b HB3370 LRB103 25484 SPS 51833 b 1 AN ACT concerning employment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Prevailing Wage Act is amended by changing 5 Section 2 as follows: 6 (820 ILCS 130/2) (from Ch. 48, par. 39s-2) 7 Sec. 2. This Act applies to the wages of laborers, 8 mechanics and other workers employed in any public works, as 9 hereinafter defined, by any public body and to anyone under 10 contracts for public works. This includes any maintenance, 11 repair, assembly, or disassembly work performed on equipment 12 whether owned, leased, or rented. 13 As used in this Act, unless the context indicates 14 otherwise: 15 "Public works" means all fixed works constructed or 16 demolished by any public body, or paid for wholly or in part 17 out of public funds. "Public works" as defined herein includes 18 all projects financed in whole or in part with bonds, grants, 19 loans, or other funds made available by or through the State or 20 any of its political subdivisions, including but not limited 21 to: bonds issued under the Industrial Project Revenue Bond Act 22 (Article 11, Division 74 of the Illinois Municipal Code), the 23 Industrial Building Revenue Bond Act, the Illinois Finance 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3370 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/2 from Ch. 48, par. 39s-2 820 ILCS 130/2 from Ch. 48, par. 39s-2 Amends the Prevailing Wage Act. Provides that the definition of "public works" includes power washing projects in which steam or pressurized water, with or without added abrasives or chemicals, is used to remove paint or other coatings, oils or grease, corrosion, or debris from a surface or to prepare a surface for a coating. LRB103 25484 SPS 51833 b LRB103 25484 SPS 51833 b LRB103 25484 SPS 51833 b A BILL FOR 820 ILCS 130/2 from Ch. 48, par. 39s-2 LRB103 25484 SPS 51833 b HB3370 LRB103 25484 SPS 51833 b HB3370- 2 -LRB103 25484 SPS 51833 b HB3370 - 2 - LRB103 25484 SPS 51833 b HB3370 - 2 - LRB103 25484 SPS 51833 b 1 Authority Act, the Illinois Sports Facilities Authority Act, 2 or the Build Illinois Bond Act; loans or other funds made 3 available pursuant to the Build Illinois Act; loans or other 4 funds made available pursuant to the Riverfront Development 5 Fund under Section 10-15 of the River Edge Redevelopment Zone 6 Act; or funds from the Fund for Illinois' Future under Section 7 6z-47 of the State Finance Act, funds for school construction 8 under Section 5 of the General Obligation Bond Act, funds 9 authorized under Section 3 of the School Construction Bond 10 Act, funds for school infrastructure under Section 6z-45 of 11 the State Finance Act, and funds for transportation purposes 12 under Section 4 of the General Obligation Bond Act. "Public 13 works" also includes (i) all projects financed in whole or in 14 part with funds from the Environmental Protection Agency under 15 the Illinois Renewable Fuels Development Program Act for which 16 there is no project labor agreement; (ii) all work performed 17 pursuant to a public private agreement under the Public 18 Private Agreements for the Illiana Expressway Act or the 19 Public-Private Agreements for the South Suburban Airport Act; 20 (iii) all projects undertaken under a public-private agreement 21 under the Public-Private Partnerships for Transportation Act; 22 and (iv) all transportation facilities undertaken under a 23 design-build contract or a Construction Manager/General 24 Contractor contract under the Innovations for Transportation 25 Infrastructure Act. "Public works" also includes all projects 26 at leased facility property used for airport purposes under HB3370 - 2 - LRB103 25484 SPS 51833 b HB3370- 3 -LRB103 25484 SPS 51833 b HB3370 - 3 - LRB103 25484 SPS 51833 b HB3370 - 3 - LRB103 25484 SPS 51833 b 1 Section 35 of the Local Government Facility Lease Act. "Public 2 works" also includes the construction of a new wind power 3 facility by a business designated as a High Impact Business 4 under Section 5.5(a)(3)(E) and the construction of a new 5 utility-scale solar power facility by a business designated as 6 a High Impact Business under Section 5.5(a)(3)(E-5) of the 7 Illinois Enterprise Zone Act. "Public works" also includes 8 electric vehicle charging station projects financed pursuant 9 to the Electric Vehicle Act and renewable energy projects 10 required to pay the prevailing wage pursuant to the Illinois 11 Power Agency Act. "Public works" also includes power washing 12 projects in which steam or pressurized water, with or without 13 added abrasives or chemicals, is used to remove paint or other 14 coatings, oils or grease, corrosion, or debris from a surface 15 or to prepare a surface for a coating. "Public works" does not 16 include work done directly by any public utility company, 17 whether or not done under public supervision or direction, or 18 paid for wholly or in part out of public funds. "Public works" 19 also includes construction projects performed by a third party 20 contracted by any public utility, as described in subsection 21 (a) of Section 2.1, in public rights-of-way, as defined in 22 Section 21-201 of the Public Utilities Act, whether or not 23 done under public supervision or direction, or paid for wholly 24 or in part out of public funds. "Public works" also includes 25 construction projects that exceed 15 aggregate miles of new 26 fiber optic cable, performed by a third party contracted by HB3370 - 3 - LRB103 25484 SPS 51833 b HB3370- 4 -LRB103 25484 SPS 51833 b HB3370 - 4 - LRB103 25484 SPS 51833 b HB3370 - 4 - LRB103 25484 SPS 51833 b 1 any public utility, as described in subsection (b) of Section 2 2.1, in public rights-of-way, as defined in Section 21-201 of 3 the Public Utilities Act, whether or not done under public 4 supervision or direction, or paid for wholly or in part out of 5 public funds. "Public works" also includes any corrective 6 action performed pursuant to Title XVI of the Environmental 7 Protection Act for which payment from the Underground Storage 8 Tank Fund is requested. "Public works" does not include 9 projects undertaken by the owner at an owner-occupied 10 single-family residence or at an owner-occupied unit of a 11 multi-family residence. "Public works" does not include work 12 performed for soil and water conservation purposes on 13 agricultural lands, whether or not done under public 14 supervision or paid for wholly or in part out of public funds, 15 done directly by an owner or person who has legal control of 16 those lands. 17 "Construction" means all work on public works involving 18 laborers, workers or mechanics. This includes any maintenance, 19 repair, assembly, or disassembly work performed on equipment 20 whether owned, leased, or rented. 21 "Locality" means the county where the physical work upon 22 public works is performed, except (1) that if there is not 23 available in the county a sufficient number of competent 24 skilled laborers, workers and mechanics to construct the 25 public works efficiently and properly, "locality" includes any 26 other county nearest the one in which the work or construction HB3370 - 4 - LRB103 25484 SPS 51833 b HB3370- 5 -LRB103 25484 SPS 51833 b HB3370 - 5 - LRB103 25484 SPS 51833 b HB3370 - 5 - LRB103 25484 SPS 51833 b 1 is to be performed and from which such persons may be obtained 2 in sufficient numbers to perform the work and (2) that, with 3 respect to contracts for highway work with the Department of 4 Transportation of this State, "locality" may at the discretion 5 of the Secretary of the Department of Transportation be 6 construed to include two or more adjacent counties from which 7 workers may be accessible for work on such construction. 8 "Public body" means the State or any officer, board or 9 commission of the State or any political subdivision or 10 department thereof, or any institution supported in whole or 11 in part by public funds, and includes every county, city, 12 town, village, township, school district, irrigation, utility, 13 reclamation improvement or other district and every other 14 political subdivision, district or municipality of the state 15 whether such political subdivision, municipality or district 16 operates under a special charter or not. 17 "Labor organization" means an organization that is the 18 exclusive representative of an employer's employees recognized 19 or certified pursuant to the National Labor Relations Act. 20 The terms "general prevailing rate of hourly wages", 21 "general prevailing rate of wages" or "prevailing rate of 22 wages" when used in this Act mean the hourly cash wages plus 23 annualized fringe benefits for training and apprenticeship 24 programs approved by the U.S. Department of Labor, Bureau of 25 Apprenticeship and Training, health and welfare, insurance, 26 vacations and pensions paid generally, in the locality in HB3370 - 5 - LRB103 25484 SPS 51833 b HB3370- 6 -LRB103 25484 SPS 51833 b HB3370 - 6 - LRB103 25484 SPS 51833 b HB3370 - 6 - LRB103 25484 SPS 51833 b 1 which the work is being performed, to employees engaged in 2 work of a similar character on public works. 3 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; 4 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. 5 6-15-22.) HB3370 - 6 - LRB103 25484 SPS 51833 b