Illinois General Assembly - Full Text of SB0514
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Full Text of SB0514  102nd General Assembly

SB0514 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0514

 

Introduced 2/23/2021, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.935 new

    Creates the Illinois Hazardous Materials Workforce Training Act. Provides that the Department of Labor shall develop by rule a curriculum of approved advanced safety training for workers at high hazard facilities. Provides that 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. 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.


LRB102 10958 CPF 16290 b

 

 

A BILL FOR

 

SB0514LRB102 10958 CPF 16290 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Hazardous Materials Workforce Training Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Apprenticeable occupation" means an occupation in the
8building and construction trades for which training and
9apprenticeship programs have been approved by and registered
10with the U.S. Department of Labor, Bureau of Apprenticeship
11and Training.
12    "Apprenticeship program" means an applicable training and
13apprenticeship program approved by and registered with the
14U.S. Department of Labor, Bureau of Apprenticeship and
15Training.
16    "Approved advanced safety training for workers at high
17hazard facilities" means a curriculum of in-person classroom
18and laboratory instruction for approved advanced safety
19training established by rule by the Department.
20    "Community college" means a college organized under the
21Public Community College Act.
22    "Construction" means all work at a stationary source
23involving laborers, workers or mechanics. "Construction"

 

 

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1includes any maintenance, repair, assembly, or disassembly
2work performed on equipment whether owned, leased, or rented.
3    "Department" means the Department of Labor.
4    "Director" means the Director of Labor.
5    "Owner or operator" means an owner or operator of a
6stationary source that is engaged in activities described in
7Code 324110, 325110, 325193, or 325199 of the 2017 North
8American Industry Classification System (NAICS), and has one
9or more covered processes that are required to prepare and
10submit a Risk Management Plan. "Owner or operator" does not
11include oil and gas extraction operations.
12    "Prevailing hourly wage rate" has the same meaning as
13"general prevailing rate of hourly wages" as defined in
14Section 2 of the Prevailing Wage Act.
15    "Registered apprentice" means an apprentice registered in
16an applicable apprenticeship program for an apprenticeable
17occupation approved by, and registered with, the U.S.
18Department of Labor, Bureau of Apprenticeship and Training.
19    "Shift" means a set standard period of time an employer
20requires its employees to perform his or her work-related
21duties on a daily basis. For purposes of this definition,
22there may be multiple shifts per day.
23    "Skilled journeyperson" means a worker who meets all of
24the following criteria:
25        (1) the worker either graduated from an approved
26    apprenticeship program for the applicable occupation, or

 

 

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1    has at least as many hours of on-the-job experience in the
2    applicable occupation that would be required to graduate
3    from an approved apprenticeship program for the applicable
4    occupation;
5        (2) the worker is being paid at least a rate
6    equivalent to the prevailing hourly wage rate for a
7    journeyperson in the applicable occupation and locality;
8    and
9        (3) beginning on or after January 1, 2025, the worker
10    has completed, within the prior 2 calendar years, at least
11    20 hours of approved advanced safety training for workers
12    at high hazard facilities.
13    "Skilled and trained workforce" means a workforce that
14meets all of the following criteria:
15        (1) all the workers are either registered apprentices
16    or skilled journeypersons;
17        (2) beginning on January 1, 2022, at least 45% of the
18    skilled journeypersons are graduates of an apprenticeship
19    program for the applicable occupation;
20        (3) beginning on January 1, 2023, at least 60% of the
21    skilled journeypersons are graduates of an apprenticeship
22    program for the applicable occupation; and
23        (4) beginning on January 1, 2024, at least 80% of the
24    skilled journeypersons are graduates of an apprenticeship
25    program for the applicable occupation.
26    "Stationary source" means that term as it is defined under

 

 

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1Section 39.5 of the Environmental Protection Act.
 
2    Section 10. Advanced safety training.
3    (a) The Department shall develop by rule a curriculum of
4approved advanced safety training for workers at high hazard
5facilities. That training shall be available through the
6Department or instruction may be provided by a community
7college or United States Department of Labor apprenticeship
8program. The Department shall approve a curriculum in
9accordance with this subsection (a) by January 1, 2023, and
10shall periodically revise the curriculum to reflect current
11best practices. Upon receipt of certification from the
12apprenticeship program or community college, the Department
13shall issue a certificate to a worker who completes the
14approved training.
15    (b) An owner or operator, when contracting for the
16performance of construction work at the stationary source,
17shall require that its contractors and any subcontractors use
18a skilled and trained workforce to perform all onsite work
19within an apprenticeable occupation in the building and
20construction trades.
21    (c) The requirements of this Section shall not immediately
22apply to contracts awarded before January 1, 2022, unless the
23contract is extended or renewed after that date. Contracts
24awarded before January 1, 2022 shall meet the requirements of
25this Section no later than January 1, 2023.

 

 

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1    (d) The requirements of this Section shall only apply to
2the skilled and trained workforce, contracted with an owner or
3operator to perform construction work at the stationary source
4site.
5    (e) The skilled and trained workforce requirements under
6this Section shall not apply to:
7        (1) Contractors that have requested qualified workers
8    from the local hiring halls that dispatch workers in the
9    apprenticeable occupation and, due to workforce shortages,
10    the contractor is unable to obtain sufficient qualified
11    workers within 48 hours of the request, Saturdays,
12    Sundays, and holidays excepted. This Act shall not prevent
13    contractors from obtaining workers from any source.
14        (2) An emergency where compliance is impracticable;
15    namely, an emergency requires immediate action to prevent
16    imminent harm to public health or safety or to the
17    environment. Within 14 days of an emergency, the Attorney
18    General's Workers Rights Bureau, in conjunction with the
19    Illinois Department of Labor, must certify that the
20    emergency warranted noncompliance with this Act. The
21    employer must provide necessary documentation of the
22    emergency to the Attorney General's Workers Rights Bureau
23    and the Illinois Department of Labor.
 
24    Section 15. The Illinois Hazardous Materials Workforce
25Training Fund. The Illinois Hazardous Materials Workforce

 

 

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1Training Fund is created as a special fund in the State
2treasury, to which the Department shall deposit all moneys
3collected pursuant to Section 20 of this Act.
 
4    Section 20. Penalties. An owner or operator who violates
5the requirements of this Act shall be subject to a minimum
6civil penalty of $10,000 for each violation. Each shift a
7violation of this Act occurs shall be considered a separate
8violation. The penalty may be recovered in a civil action
9brought by the Director in any circuit court. In the civil
10action, the Director shall be represented by the Attorney
11General. All moneys received by the Department as fees and
12civil penalties under this Act shall be deposited into the
13Illinois Hazardous Materials Workforce Training Fund, and
14shall be appropriated by the General Assembly to the
15Department for administration, investigation, and other
16expenses incurred in carrying out its powers and duties under
17this Act.
 
18    Section 25. The State Finance Act is amended by adding
19Section 5.935 as follows:
 
20    (30 ILCS 105/5.935 new)
21    Sec. 5.935. The Illinois Hazardous Materials Workforce
22Training Fund.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

SB0514- 7 -LRB102 10958 CPF 16290 b

1becoming law.