SB2918 98TH GENERAL ASSEMBLY

LRB098 17818 MGM 52941 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2918

Introduced 2/4/2014, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.855 new

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

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Hazardous Materials Workforce Training Act.

Section 5. Definitions. As used in this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Apprenticeable occupation" means an occupation in the building and construction trades for which training and apprenticeship programs have been approved by and registered with the U.S. Department of Labor Bureau of Apprenticeship and Training.

"Apprenticeship program" means an applicable training and apprenticeship program approved by and registered with the U.S. Department of Labor Bureau of Apprenticeship and Training.

"Approved advanced safety training for workers at high hazard facilities" means a curriculum of in-person classroom and laboratory instruction for approved advanced safety training established by rule by the Illinois Environmental Protection Agency.

"Community college" means a college organized under the Public Community College Act.

"Construction" means all work at a stationary source involving laborers, workers or mechanics. "Construction" includes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

"Director" means the Director of the Illinois Environmental Protection Agency.

"Owner or operator" means an owner or operator of a stationary source that is engaged in activities described in Code 324110 or 325110 of the 2012 North American Industry Classification System (NAICS), and has one or more covered processes that are required to prepare and submit a Risk Management Plan. "Owner or operator" does not include oil and gas extraction operations.

"Prevailing hourly wage rate" has the same meaning as "general prevailing rate of hourly wages" as defined in Section 2 of the Prevailing Wage Act.

"Registered apprentice" means an apprentice registered in an applicable apprenticeship program for an apprenticeable occupation approved by, and registered with, the U.S. Department of Labor Bureau of Apprenticeship and Training.

"Skilled journeyperson" means a worker who meets all of the following criteria:

(1) the worker either graduated from an approved apprenticeship program for the applicable occupation, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an approved apprenticeship program for the applicable occupation;

(2) the worker is being paid at least a rate equivalent to the prevailing hourly wage rate for a journeyperson in the applicable occupation and locality; and

(3) beginning on or after January 1, 2018, the worker has completed, within the prior 2 calendar years, at least 20 hours of approved advanced safety training for workers at high hazard facilities.

"Skilled and trained workforce" means a workforce that meets all of the following criteria:

(1) all the workers are either registered apprentices or skilled journeypersons;

(2) beginning on January 1, 2015, at least 30% of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation;

(3) beginning on January 1, 2016, at least 45% of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation; and

(4) beginning on January 1, 2017, at least 60% of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation.

"Stationary source" means that term as it is defined under Section 39.5 of the Environmental Protection Act.

Section 10. Advanced safety training.

(a) The Agency shall develop by rule a curriculum of approved advanced safety training for workers at high hazard facilities. That training shall be available through the Agency or instruction may be provided by an community college. The Agency shall approve a curriculum in accordance with this subsection (a) by January 1, 2016, and shall periodically revise the curriculum to reflect current best practices. Upon receipt of certification from the apprenticeship program or community college, the Agency shall issue a certificate to a worker who completes the approved training.

(b) An owner or operator, when contracting for the performance of construction work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades.

(c) The requirements of this Section shall not apply to contracts awarded before January 1, 2015, unless the contract is extended or renewed after that date.

(d) The requirements of this Section shall not apply to the employees of the owner or operator of the stationary source or prevent the owner or operator of the stationary source from using its own employees to perform any work that has not been assigned to contractors while the employees of the contractor are present and working.

(e) The "skilled and trained workforce" requirements under this Section shall not apply to:

(1) contractors that have requested qualified workers from the local hiring halls that dispatch workers in the apprenticeable occupation and, due to workforce shortages, the contractor is unable to obtain sufficient qualified workers within 48 hours of the request, Saturdays, Sundays, and holidays excepted. This Act shall not prevent contractors from obtaining workers from any source.

(2) an emergency where compliance is impracticable; namely, an emergency requires immediate action to prevent harm to public health or safety or to the environment. However, the criteria shall apply as soon as the emergency is over or it becomes practicable for contractors to obtain a qualified workforce.

Section 15. The Illinois Hazardous Materials Workforce Training Fund. The Illinois Hazardous Materials Workforce Training Fund is created as a special fund in the State Treasury, to which the Agency shall deposit all moneys collected pursuant to Section 20 of this Act.

Section 20. Penalties. An owner or operator who violates the requirements of this Act shall be subject to a civil penalty not to exceed $10,000 for each violation. For each day a violation of this Act occurs shall be considered a separate violation. The penalty may be recovered in a civil action brought by the Director in any circuit court. In any such action, the Director shall be represented by the Attorney General. All moneys received by the Agency as fees and civil penalties under this Act shall be deposited into the Illinois Hazardous Materials Workforce Training Fund, and shall be appropriated by the General Assembly to the Agency for administration, investigation, and other expenses incurred in carrying out its powers and duties under this Act.

Section 25. The State Finance Act is amended by adding Section 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. The Illinois Hazardous Materials Workforce Training Fund.

Section 99. Effective date. This Act takes effect upon becoming law.