Illinois General Assembly - Full Text of HB3370
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3370  103rd General Assembly


Sen. Cristina Castro

Filed: 4/17/2023





10300HB3370sam001LRB103 25484 SPS 60636 a


2    AMENDMENT NO. ______. Amend House Bill 3370 by replacing
3everything after the enacting clause with the following:
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



10300HB3370sam001- 2 -LRB103 25484 SPS 60636 a

1out of public funds. "Public works" as defined herein includes
2all projects financed in whole or in part with bonds, grants,
3loans, or other funds made available by or through the State or
4any of its political subdivisions, including but not limited
5to: bonds issued under the Industrial Project Revenue Bond Act
6(Article 11, Division 74 of the Illinois Municipal Code), the
7Industrial Building Revenue Bond Act, the Illinois Finance
8Authority Act, the Illinois Sports Facilities Authority Act,
9or the Build Illinois Bond Act; loans or other funds made
10available pursuant to the Build Illinois Act; loans or other
11funds made available pursuant to the Riverfront Development
12Fund under Section 10-15 of the River Edge Redevelopment Zone
13Act; or funds from the Fund for Illinois' Future under Section
146z-47 of the State Finance Act, funds for school construction
15under Section 5 of the General Obligation Bond Act, funds
16authorized under Section 3 of the School Construction Bond
17Act, funds for school infrastructure under Section 6z-45 of
18the State Finance Act, and funds for transportation purposes
19under Section 4 of the General Obligation Bond Act. "Public
20works" also includes (i) all projects financed in whole or in
21part with funds from the Environmental Protection Agency under
22the Illinois Renewable Fuels Development Program Act for which
23there is no project labor agreement; (ii) all work performed
24pursuant to a public private agreement under the Public
25Private Agreements for the Illiana Expressway Act or the
26Public-Private Agreements for the South Suburban Airport Act;



10300HB3370sam001- 3 -LRB103 25484 SPS 60636 a

1(iii) all projects undertaken under a public-private agreement
2under the Public-Private Partnerships for Transportation Act;
3and (iv) all transportation facilities undertaken under a
4design-build contract or a Construction Manager/General
5Contractor contract under the Innovations for Transportation
6Infrastructure Act. "Public works" also includes all projects
7at leased facility property used for airport purposes under
8Section 35 of the Local Government Facility Lease Act. "Public
9works" also includes the construction of a new wind power
10facility by a business designated as a High Impact Business
11under Section 5.5(a)(3)(E) and the construction of a new
12utility-scale solar power facility by a business designated as
13a High Impact Business under Section 5.5(a)(3)(E-5) of the
14Illinois Enterprise Zone Act. "Public works" also includes
15electric vehicle charging station projects financed pursuant
16to the Electric Vehicle Act and renewable energy projects
17required to pay the prevailing wage pursuant to the Illinois
18Power Agency Act. "Public works" also includes power washing
19projects by a public body or paid for wholly or in part out of
20public funds in which steam or pressurized water, with or
21without added abrasives or chemicals, is used to remove paint
22or other coatings, oils or grease, corrosion, or debris from a
23surface or to prepare a surface for a coating. "Public works"
24does not include work done directly by any public utility
25company, whether or not done under public supervision or
26direction, or paid for wholly or in part out of public funds.



10300HB3370sam001- 4 -LRB103 25484 SPS 60636 a

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



10300HB3370sam001- 5 -LRB103 25484 SPS 60636 a

1repair, assembly, or disassembly work performed on equipment
2whether owned, leased, or rented.
3    "Locality" means the county where the physical work upon
4public works is performed, except (1) that if there is not
5available in the county a sufficient number of competent
6skilled laborers, workers and mechanics to construct the
7public works efficiently and properly, "locality" includes any
8other county nearest the one in which the work or construction
9is to be performed and from which such persons may be obtained
10in sufficient numbers to perform the work and (2) that, with
11respect to contracts for highway work with the Department of
12Transportation of this State, "locality" may at the discretion
13of the Secretary of the Department of Transportation be
14construed to include two or more adjacent counties from which
15workers may be accessible for work on such construction.
16    "Public body" means the State or any officer, board or
17commission of the State or any political subdivision or
18department thereof, or any institution supported in whole or
19in part by public funds, and includes every county, city,
20town, village, township, school district, irrigation, utility,
21reclamation improvement or other district and every other
22political subdivision, district or municipality of the state
23whether such political subdivision, municipality or district
24operates under a special charter or not.
25    "Labor organization" means an organization that is the
26exclusive representative of an employer's employees recognized



10300HB3370sam001- 6 -LRB103 25484 SPS 60636 a

1or certified pursuant to the National Labor Relations Act.
2    The terms "general prevailing rate of hourly wages",
3"general prevailing rate of wages" or "prevailing rate of
4wages" when used in this Act mean the hourly cash wages plus
5annualized fringe benefits for training and apprenticeship
6programs approved by the U.S. Department of Labor, Bureau of
7Apprenticeship and Training, health and welfare, insurance,
8vacations and pensions paid generally, in the locality in
9which the work is being performed, to employees engaged in
10work of a similar character on public works.
11(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
12102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.