Illinois General Assembly - Full Text of HB3370
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Full Text of HB3370  103rd General Assembly




HB3370 EnrolledLRB103 25484 SPS 51833 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Prevailing Wage Act is amended by changing
5Section 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,
8mechanics and other workers employed in any public works, as
9hereinafter defined, by any public body and to anyone under
10contracts for public works. This includes any maintenance,
11repair, assembly, or disassembly work performed on equipment
12whether owned, leased, or rented.
13    As used in this Act, unless the context indicates
15    "Public works" means all fixed works constructed or
16demolished by any public body, or paid for wholly or in part
17out of public funds. "Public works" as defined herein includes
18all projects financed in whole or in part with bonds, grants,
19loans, or other funds made available by or through the State or
20any of its political subdivisions, including but not limited
21to: bonds issued under the Industrial Project Revenue Bond Act
22(Article 11, Division 74 of the Illinois Municipal Code), the
23Industrial Building Revenue Bond Act, the Illinois Finance



HB3370 Enrolled- 2 -LRB103 25484 SPS 51833 b

1Authority Act, the Illinois Sports Facilities Authority Act,
2or the Build Illinois Bond Act; loans or other funds made
3available pursuant to the Build Illinois Act; loans or other
4funds made available pursuant to the Riverfront Development
5Fund under Section 10-15 of the River Edge Redevelopment Zone
6Act; or funds from the Fund for Illinois' Future under Section
76z-47 of the State Finance Act, funds for school construction
8under Section 5 of the General Obligation Bond Act, funds
9authorized under Section 3 of the School Construction Bond
10Act, funds for school infrastructure under Section 6z-45 of
11the State Finance Act, and funds for transportation purposes
12under Section 4 of the General Obligation Bond Act. "Public
13works" also includes (i) all projects financed in whole or in
14part with funds from the Environmental Protection Agency under
15the Illinois Renewable Fuels Development Program Act for which
16there is no project labor agreement; (ii) all work performed
17pursuant to a public private agreement under the Public
18Private Agreements for the Illiana Expressway Act or the
19Public-Private Agreements for the South Suburban Airport Act;
20(iii) all projects undertaken under a public-private agreement
21under the Public-Private Partnerships for Transportation Act;
22and (iv) all transportation facilities undertaken under a
23design-build contract or a Construction Manager/General
24Contractor contract under the Innovations for Transportation
25Infrastructure Act. "Public works" also includes all projects
26at leased facility property used for airport purposes under



HB3370 Enrolled- 3 -LRB103 25484 SPS 51833 b

1Section 35 of the Local Government Facility Lease Act. "Public
2works" also includes the construction of a new wind power
3facility by a business designated as a High Impact Business
4under Section 5.5(a)(3)(E) and the construction of a new
5utility-scale solar power facility by a business designated as
6a High Impact Business under Section 5.5(a)(3)(E-5) of the
7Illinois Enterprise Zone Act. "Public works" also includes
8electric vehicle charging station projects financed pursuant
9to the Electric Vehicle Act and renewable energy projects
10required to pay the prevailing wage pursuant to the Illinois
11Power Agency Act. "Public works" also includes power washing
12projects by a public body or paid for wholly or in part out of
13public funds in which steam or pressurized water, with or
14without added abrasives or chemicals, is used to remove paint
15or other coatings, oils or grease, corrosion, or debris from a
16surface or to prepare a surface for a coating. "Public works"
17does not include work done directly by any public utility
18company, whether or not done under public supervision or
19direction, or paid for wholly or in part out of public funds.
20"Public works" also includes construction projects performed
21by a third party contracted by any public utility, as
22described in subsection (a) of Section 2.1, in public
23rights-of-way, as defined in Section 21-201 of the Public
24Utilities Act, whether or not done under public supervision or
25direction, or paid for wholly or in part out of public funds.
26"Public works" also includes construction projects that exceed



HB3370 Enrolled- 4 -LRB103 25484 SPS 51833 b

115 aggregate miles of new fiber optic cable, performed by a
2third party contracted by any public utility, as described in
3subsection (b) of Section 2.1, in public rights-of-way, as
4defined in Section 21-201 of the Public Utilities Act, whether
5or not done under public supervision or direction, or paid for
6wholly or in part out of public funds. "Public works" also
7includes any corrective action performed pursuant to Title XVI
8of the Environmental Protection Act for which payment from the
9Underground Storage Tank Fund is requested. "Public works"
10does not include projects undertaken by the owner at an
11owner-occupied single-family residence or at an owner-occupied
12unit of a multi-family residence. "Public works" does not
13include work performed for soil and water conservation
14purposes on agricultural lands, whether or not done under
15public supervision or paid for wholly or in part out of public
16funds, done directly by an owner or person who has legal
17control of those lands.
18    "Construction" means all work on public works involving
19laborers, workers or mechanics. This includes any maintenance,
20repair, assembly, or disassembly work performed on equipment
21whether owned, leased, or rented.
22    "Locality" means the county where the physical work upon
23public works is performed, except (1) that if there is not
24available in the county a sufficient number of competent
25skilled laborers, workers and mechanics to construct the
26public works efficiently and properly, "locality" includes any



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1other county nearest the one in which the work or construction
2is to be performed and from which such persons may be obtained
3in sufficient numbers to perform the work and (2) that, with
4respect to contracts for highway work with the Department of
5Transportation of this State, "locality" may at the discretion
6of the Secretary of the Department of Transportation be
7construed to include two or more adjacent counties from which
8workers may be accessible for work on such construction.
9    "Public body" means the State or any officer, board or
10commission of the State or any political subdivision or
11department thereof, or any institution supported in whole or
12in part by public funds, and includes every county, city,
13town, village, township, school district, irrigation, utility,
14reclamation improvement or other district and every other
15political subdivision, district or municipality of the state
16whether such political subdivision, municipality or district
17operates under a special charter or not.
18    "Labor organization" means an organization that is the
19exclusive representative of an employer's employees recognized
20or certified pursuant to the National Labor Relations Act.
21    The terms "general prevailing rate of hourly wages",
22"general prevailing rate of wages" or "prevailing rate of
23wages" when used in this Act mean the hourly cash wages plus
24annualized fringe benefits for training and apprenticeship
25programs approved by the U.S. Department of Labor, Bureau of
26Apprenticeship and Training, health and welfare, insurance,



HB3370 Enrolled- 6 -LRB103 25484 SPS 51833 b

1vacations and pensions paid generally, in the locality in
2which the work is being performed, to employees engaged in
3work of a similar character on public works.
4(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
5102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.