ENTERPRISE ZONE-SOLAR & WIND

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3282

Introduced 2/3/2026, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

20 ILCS 655/5.5

from Ch. 67 1/2, par. 609.1
820 ILCS 130/2

Amends the Illinois Enterprise Zone Act. Provides that Department of
Commerce and Economic Opportunity may designate a business that intends to
establish a new wind power facility or a utility-scale solar facility as a
high impact business only if the municipality in which the facility will be
located (or the county in which the facility will be located, if the
facility will be located in an unincorporated area of the county)
approves, in writing, the designation of the business as a high impact
business. Makes conforming changes. Amends the Prevailing Wage Act to make
conforming changes. Effective immediately.
LRB104 19264 HLH 32710 b

A BILL FOR

SB3282
LRB104 19264 HLH 32710 b
1

AN ACT concerning State government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Enterprise Zone Act is amended by
5
changing Section 5.5 as follows:

6

(20 ILCS 655/5.5)

(from Ch. 67 1/2, par. 609.1)
7

Sec. 5.5.
High Impact Business.
8

(a) In order to respond to unique opportunities to assist
9
in the encouragement, development, growth, and expansion of
10
the private sector through
large-scale

large scale
investment
11
and development projects, the Department is authorized to
12
receive and approve applications for the designation of "High
13
Impact Businesses" in Illinois, for an initial term of 20
14
years with an option for renewal for a term not to exceed 20
15
years, subject to the following conditions:
16

(1) such applications may be submitted at any time
17

during the year;
18

(2) such business is not located, at the time of
19

designation, in an enterprise zone designated pursuant to
20

this Act, except for grocery stores, as defined in the
21

Grocery Initiative Act, and a new battery energy storage
22

solution facility, as defined by subparagraph (I) of
23

paragraph (3) of this subsection (a);

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(3) the business intends to do, commits to do, or is
2

one or more of the following:
3

(A) the business intends to make a minimum
4

investment of $12,000,000 which will be placed in
5

service in qualified property and intends to create
6

500 full-time equivalent jobs at a designated location
7

in Illinois or intends to make a minimum investment of
8

$30,000,000 which will be placed in service in
9

qualified property and intends to retain 1,500
10

full-time retained jobs at a designated location in
11

Illinois. The terms "placed in service" and "qualified
12

property" have the same meanings as described in
13

subsection (h) of Section 201 of the Illinois Income
14

Tax Act; or
15

(B) the business intends to establish a new
16

electric generating facility at a designated location
17

in Illinois. "New electric generating facility", for
18

purposes of this Section, means a newly constructed
19

electric generation plant or a newly constructed
20

generation capacity expansion at an existing electric
21

generation plant, including the transmission lines and
22

associated equipment that transfers electricity from
23

points of supply to points of delivery, and for which
24

such new foundation construction commenced not sooner
25

than July 1, 2001. Such facility shall be designed to
26

provide baseload electric generation and shall operate

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1

on a continuous basis throughout the year; and (i)
2

shall have an aggregate rated generating capacity of
3

at least 1,000 megawatts for all new units at one site
4

if it uses natural gas as its primary fuel and
5

foundation construction of the facility is commenced
6

on or before December 31, 2004, or shall have an
7

aggregate rated generating capacity of at least 400
8

megawatts for all new units at one site if it uses coal
9

or gases derived from coal as its primary fuel and
10

shall support the creation of at least 150 new
11

Illinois coal mining jobs, or (ii) shall be funded
12

through a federal Department of Energy grant before
13

December 31, 2010 and shall support the creation of
14

Illinois coal mining jobs, or (iii) shall use coal
15

gasification or integrated gasification-combined cycle
16

units that generate electricity or chemicals, or both,
17

and shall support the creation of Illinois coal mining
18

jobs. The term "placed in service" has the same
19

meaning as described in subsection (h) of Section 201
20

of the Illinois Income Tax Act; or
21

(B-5) the business intends to establish a new
22

gasification facility at a designated location in
23

Illinois. As used in this Section, "new gasification
24

facility" means a newly constructed coal gasification
25

facility that generates chemical feedstocks or
26

transportation fuels derived from coal (which may

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include, but are not limited to, methane, methanol,
2

and nitrogen fertilizer), that supports the creation
3

or retention of Illinois coal mining jobs, and that
4

qualifies for financial assistance from the Department
5

before December 31, 2010. A new gasification facility
6

does not include a pilot project located within
7

Jefferson County or within a county adjacent to
8

Jefferson County for synthetic natural gas from coal;
9

or
10

(C) the business intends to establish production
11

operations at a new coal mine, re-establish production
12

operations at a closed coal mine, or expand production
13

at an existing coal mine at a designated location in
14

Illinois not sooner than July 1, 2001; provided that
15

the production operations result in the creation of
16

150 new Illinois coal mining jobs as described in
17

subdivision (a)(3)(B) of this Section, and further
18

provided that the coal extracted from such mine is
19

utilized as the predominant source for a new electric
20

generating facility. The term "placed in service" has
21

the same meaning as described in subsection (h) of
22

Section 201 of the Illinois Income Tax Act; or
23

(D) the business intends to construct new
24

transmission facilities or upgrade existing
25

transmission facilities at designated locations in
26

Illinois, for which construction commenced not sooner

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than July 1, 2001. For the purposes of this Section,
2

"transmission facilities" means transmission lines
3

with a voltage rating of 115 kilovolts or above,
4

including associated equipment, that transfer
5

electricity from points of supply to points of
6

delivery and that transmit a majority of the
7

electricity generated by a new electric generating
8

facility designated as a High Impact Business in
9

accordance with this Section. The term "placed in
10

service" has the same meaning as described in
11

subsection (h) of Section 201 of the Illinois Income
12

Tax Act; or
13

(E) the business intends to establish a new wind
14

power facility at a designated location in Illinois
15

and the municipality in which the wind power facility
16

will be located (or the county in which the wind power
17

facility will be located, if the facility will be
18

located in an unincorporated area of the county)
19

approves, in writing, the designation of the business
20

as a high impact business
. For purposes of this
21

Section, "new wind power facility" means a newly
22

constructed electric generation facility, a newly
23

constructed expansion of an existing electric
24

generation facility, or the replacement of an existing
25

electric generation facility, including the demolition
26

and removal of an electric generation facility

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irrespective of whether it will be replaced, placed in
2

service or replaced on or after July 1, 2009, that
3

generates electricity using wind energy devices, and
4

such facility shall be deemed to include any permanent
5

structures associated with the electric generation
6

facility and all associated transmission lines,
7

substations, and other equipment related to the
8

generation of electricity from wind energy devices.
9

For purposes of this Section, "wind energy device"
10

means any device, with a nameplate capacity of at
11

least 0.5 megawatts, that is used in the process of
12

converting kinetic energy from the wind to generate
13

electricity;
or

14

(E-5) the business intends to establish a new
15

utility-scale solar facility at a designated location
16

in Illinois
and the municipality in which the solar
17

facility will be located (or the county in which the
18

solar facility will be located, if the facility will
19

be located in an unincorporated area of the county)
20

approves, in writing, the designation of the business
21

as a high impact business
. For purposes of this
22

Section, "new utility-scale solar power facility"
23

means a newly constructed electric generation
24

facility, or a newly constructed expansion of an
25

existing electric generation facility, placed in
26

service on or after July 1, 2021, that (i) generates

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electricity using photovoltaic cells and (ii) has a
2

nameplate capacity that is greater than 5,000
3

kilowatts, and such facility shall be deemed to
4

include all associated transmission lines,
5

substations, energy storage facilities, and other
6

equipment related to the generation and storage of
7

electricity from photovoltaic cells;
or

8

(F) the business commits to (i) make a minimum
9

investment of $500,000,000, which will be placed in
10

service in a qualified property, (ii) create 125
11

full-time equivalent jobs at a designated location in
12

Illinois, (iii) establish a fertilizer plant at a
13

designated location in Illinois that complies with the
14

set-back standards as described in Table 1: Initial
15

Isolation and Protective Action Distances in the 2012
16

Emergency Response Guidebook published by the United
17

States Department of Transportation, (iv) pay a
18

prevailing wage for employees at that location who are
19

engaged in construction activities, and (v) secure an
20

appropriate level of general liability insurance to
21

protect against catastrophic failure of the fertilizer
22

plant or any of its constituent systems; in addition,
23

the business must agree to enter into a construction
24

project labor agreement including provisions
25

establishing wages, benefits, and other compensation
26

for employees performing work under the project labor

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agreement at that location; for the purposes of this
2

Section, "fertilizer plant" means a newly constructed
3

or upgraded plant utilizing gas used in the production
4

of anhydrous ammonia and downstream nitrogen
5

fertilizer products for resale; for the purposes of
6

this Section, "prevailing wage" means the hourly cash
7

wages plus fringe benefits for training and
8

apprenticeship programs approved by the U.S.
9

Department of Labor, Bureau of Apprenticeship and
10

Training, health and welfare, insurance, vacations and
11

pensions paid generally, in the locality in which the
12

work is being performed, to employees engaged in work
13

of a similar character on public works; this paragraph
14

(F) applies only to businesses that submit an
15

application to the Department within 60 days after
16

July 25, 2013 (the effective date of Public Act
17

98-109);
or

18

(G) the business intends to establish a new
19

cultured cell material food production facility at a
20

designated location in Illinois. As used in this
21

paragraph (G):
22

"Cultured cell material food production facility"
23

means a facility (i) at which cultured animal cell
24

food is developed using animal cell culture
25

technology, (ii) at which production processes occur
26

that include the establishment of cell lines and cell

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banks, manufacturing controls, and all components and
2

inputs, and (iii) that complies with all existing
3

registrations, inspections, licensing, and approvals
4

from all applicable and participating State and
5

federal food agencies, including the Department of
6

Agriculture, the Department of Public Health, and the
7

United States Food and Drug Administration, to ensure
8

that all food production is safe and lawful under
9

provisions of the Federal Food, Drug and Cosmetic Act
10

related to the development, production, and storage of
11

cultured animal cell food.
12

"New cultured cell material food production
13

facility" means a newly constructed cultured cell
14

material food production facility that is placed in
15

service on or after June 7, 2023 (the effective date of
16

Public Act 103-9) or a newly constructed expansion of
17

an existing cultured cell material food production
18

facility, in a controlled environment, when the
19

improvements are placed in service on or after June 7,
20

2023 (the effective date of Public Act 103-9);
or

21

(H) the business is an existing or planned grocery
22

store, as that term is defined in Section 5 of the
23

Grocery Initiative Act, and receives financial support
24

under that Act within the 10 years before submitting
25

its application under this Act; or
26

(I) the business intends to establish a new

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1

battery energy storage solution facility at a
2

designated location in Illinois. As used in this
3

paragraph (I):
4

"New battery energy storage solution facility"
5

means a newly constructed battery energy storage
6

facility, a newly constructed expansion of an existing
7

battery energy storage facility, or the replacement of
8

an existing battery energy storage facility that
9

stores electricity using battery devices and other
10

means. "New battery energy storage solution facility"
11

includes any permanent structures associated with the
12

new battery energy storage facility and all associated
13

transmission lines, substations, and other equipment
14

that is related to the storage and transmission of
15

electric power and that has a capacity of not less than
16

20 megawatt and storage capability of not less than 40
17

megawatt hours of energy;
or

18

(J) the business intends to construct a new high
19

voltage direct current converter station at a
20

designated location in Illinois. As used in this
21

paragraph, "high voltage direct current converter
22

station" has the same meaning given to that term in
23

Section 1-10 of the Illinois Power
Agency
Act; or
24

(K) the business intends to construct a new high
25

voltage direct current converter station facility at a
26

designated location in Illinois. As used in this

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paragraph, "high voltage direct current converter
2

station" has the same meaning given to that term in
3

Section 1-10 of the Illinois Power
Agency
Act; and
4

(4) no later than 90 days after an application is
5

submitted, the Department shall notify the applicant of
6

the Department's determination of the qualification of the
7

proposed High Impact Business under this Section.
8

(b) Businesses designated as High Impact Businesses
9
pursuant to subdivision (a)(3)(A) of this Section shall
10
qualify for the credits and exemptions described in the
11
following Acts: Section 9-222 and Section 9-222.1A of the
12
Public Utilities Act, subsection (h) of Section 201 of the
13
Illinois Income Tax Act, and Section 1d of the Retailers'
14
Occupation Tax Act; provided that these credits and exemptions
15
described in these Acts shall not be authorized until the
16
minimum investments set forth in subdivision (a)(3)(A) of this
17
Section have been placed in service in qualified properties
18
and, in the case of the exemptions described in the Public
19
Utilities Act and Section 1d of the Retailers' Occupation Tax
20
Act, the minimum full-time equivalent jobs or full-time
21
retained jobs set forth in subdivision (a)(3)(A) of this
22
Section have been created or retained. Businesses designated
23
as High Impact Businesses under this Section shall also
24
qualify for the exemption described in Section 5l of the
25
Retailers' Occupation Tax Act. The credit provided in
26
subsection (h) of Section 201 of the Illinois Income Tax Act

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shall be applicable to investments in qualified property as
2
set forth in subdivision (a)(3)(A) of this Section.
3

(b-5) Businesses designated as High Impact Businesses
4
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
5
(a)(3)(D), (a)(3)(G), (a)(3)(H), and (a)(3)(K) of this Section
6
shall qualify for the credits and exemptions described in the
7
following Acts: Section 51 of the Retailers' Occupation Tax
8
Act, Section 9-222 and Section 9-222.1A of the Public
9
Utilities Act, and subsection (h) of Section 201 of the
10
Illinois Income Tax Act; however, the credits and exemptions
11
authorized under Section 9-222 and Section 9-222.1A of the
12
Public Utilities Act, and subsection (h) of Section 201 of the
13
Illinois Income Tax Act shall not be authorized until the new
14
electric generating facility, the new gasification facility,
15
the new transmission facility, the new, expanded, or reopened
16
coal mine, the new cultured cell material food production
17
facility, or the existing or planned grocery store is
18
operational, except that a new electric generating facility
19
whose primary fuel source is natural gas is eligible only for
20
the exemption under Section 5l of the Retailers' Occupation
21
Tax Act.
22

(b-6) Businesses designated as High Impact Businesses
on
23
or before the effective date of this amendatory Act of the
24
104th General Assembly

pursuant to subdivision (a)(3)(E),
25
(a)(3)(E-5), (A)(3)(I), or (a)(3)(J) of this Section
shall
26
qualify for the exemptions described in Section 5l of the

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Retailers' Occupation Tax Act; any business so designated as a
2
High Impact Business being, for purposes of this Section, a
3
"Wind Energy Business".
4

(b-7) Beginning on January 1, 2021, businesses designated
5
as High Impact Businesses by the Department shall qualify for
6
the High Impact Business construction jobs credit under
7
subsection (h-5) of Section 201 of the Illinois Income Tax Act
8
if the business meets the criteria set forth in subsection (i)
9
of this Section. The total aggregate amount of credits awarded
10
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
11
shall not exceed $20,000,000 in any State fiscal year.
12

(c) High Impact Businesses located in federally designated
13
foreign trade zones or sub-zones are also eligible for
14
additional credits, exemptions and deductions as described in
15
the following Acts: Section 9-221 and Section 9-222.1 of the
16
Public Utilities Act; and subsection (g) of Section 201, and
17
Section 203 of the Illinois Income Tax Act.
18

(d)
Existing

Except for businesses contemplated under
19
subdivision (a)(3)(E), (a)(3)(E-5), (a)(3)(G), (a)(3)(H),
20
(A)(3)(I), (a)(3)(J), or (a)(3)(K) of this Section, existing

21
Illinois businesses which apply for designation as a High
22
Impact Business must provide the Department with the
23
prospective plan for which 1,500 full-time retained jobs would
24
be eliminated in the event that the business is not
25
designated.
26

(e)
New

Except for new businesses contemplated under

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subdivision (a)(3)(E), subdivision (a)(3)(G), subdivision
2
(a)(3)(H), or subdivision (a)(3)(J) of this Section, new

3
proposed facilities which apply for designation as High Impact
4
Business must provide the Department with proof of alternative
5
non-Illinois sites which would receive the proposed investment
6
and job creation in the event that the business is not
7
designated as a High Impact Business.
8

(f)
If

Except for businesses contemplated under
9
subdivision (a)(3)(E), subdivision (a)(3)(G), subdivision
10
(a)(3)(H), subdivision (a)(3)(J), or (a)(3)(K) of this
11
Section, in the event that
a business is designated a High
12
Impact Business and it is later determined after reasonable
13
notice and an opportunity for a hearing as provided under the
14
Illinois Administrative Procedure Act, that the business would
15
have placed in service in qualified property the investments
16
and created or retained the requisite number of jobs without
17
the benefits of the High Impact Business designation, the
18
Department shall be required to immediately revoke the
19
designation and notify the Director of the Department of
20
Revenue who shall begin proceedings to recover all wrongfully
21
exempted State taxes with interest.
22

(g) The Department shall revoke a High Impact Business
23
designation if the participating business fails to comply with
24
the terms and conditions of the designation.
25

(h) Prior to designating a business, the Department shall
26
provide the members of the General Assembly and Commission on

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Government Forecasting and Accountability with a report
2
setting forth the terms and conditions of the designation and
3
guarantees that have been received by the Department in
4
relation to the proposed business being designated.
5

(i) High Impact Business construction jobs credit.
6
Beginning on January 1, 2021, a High Impact Business may
7
receive a tax credit against the tax imposed under subsections
8
(a) and (b) of Section 201 of the Illinois Income Tax Act in an
9
amount equal to 50% of the amount of the incremental income tax
10
attributable to High Impact Business construction jobs credit
11
employees employed in the course of completing a High Impact
12
Business construction jobs project. However, the High Impact
13
Business construction jobs credit may equal 75% of the amount
14
of the incremental income tax attributable to High Impact
15
Business construction jobs credit employees if the High Impact
16
Business construction jobs credit project is located in an
17
underserved area.
18

The Department shall certify to the Department of Revenue:
19
(1) the identity of taxpayers that are eligible for the High
20
Impact Business construction jobs credit; and (2) the amount
21
of High Impact Business construction jobs credits that are
22
claimed pursuant to subsection (h-5) of Section 201 of the
23
Illinois Income Tax Act in each taxable year.
24

As used in this subsection (i):
25

"High Impact Business construction jobs credit" means an
26
amount equal to 50% (or 75% if the High Impact Business

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1
construction project is located in an underserved area) of the
2
incremental income tax attributable to High Impact Business
3
construction job employees. The total aggregate amount of
4
credits awarded under the Blue Collar Jobs Act (Article 20 of
5
Public Act 101-9) shall not exceed $20,000,000 in any State
6
fiscal year
7

"High Impact Business construction job employee" means a
8
laborer or worker who is employed by a contractor or
9
subcontractor in the actual construction work on the site of a
10
High Impact Business construction job project.
11

"High Impact Business construction jobs project" means
12
building a structure or building or making improvements of any
13
kind to real property, undertaken and commissioned by a
14
business that was designated as a High Impact Business by the
15
Department. The term "High Impact Business construction jobs
16
project" does not include the routine operation, routine
17
repair, or routine maintenance of existing structures,
18
buildings, or real property.
19

"Incremental income tax" means the total amount withheld
20
during the taxable year from the compensation of High Impact
21
Business construction job employees.
22

"Underserved area" means a geographic area that meets one
23
or more of the following conditions:
24

(1) the area has a poverty rate of at least 20%
25

according to the latest American Community Survey;
26

(2) 35% or more of the families with children in the

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1

area are living below 130% of the poverty line, according
2

to the latest American Community Survey;
3

(3) at least 20% of the households in the area receive
4

assistance under the Supplemental Nutrition Assistance
5

Program (SNAP); or
6

(4) the area has an average unemployment rate, as
7

determined by the Illinois Department of Employment
8

Security, that is more than 120% of the national
9

unemployment average, as determined by the U.S. Department
10

of Labor, for a period of at least 2 consecutive calendar
11

years preceding the date of the application.
12

(j) (Blank).
13

(j-5) Annually, until construction is completed, a company
14
seeking High Impact Business Construction Job credits shall
15
submit a report that, at a minimum, describes the projected
16
project scope, timeline, and anticipated budget. Once the
17
project has commenced, the annual report shall include actual
18
data for the prior year as well as projections for each
19
additional year through completion of the project. The
20
Department shall issue detailed reporting guidelines
21
prescribing the requirements of construction-related reports.
22

In order to receive credit for construction expenses, the
23
company must provide the Department with evidence that a
24
certified third-party executed an Agreed-Upon Procedure (AUP)
25
verifying the construction expenses or accept the standard
26
construction wage expense estimated by the Department.

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1

Upon review of the final project scope, timeline, budget,
2
and AUP, the Department shall issue a tax credit certificate
3
reflecting a percentage of the total construction job wages
4
paid throughout the completion of the project.
5

(k) Upon 7 business days' notice, each taxpayer shall make
6
available to each State agency and to federal, State, or local
7
law enforcement agencies and prosecutors for inspection and
8
copying at a location within this State during reasonable
9
hours, the report under subsection (j-5).
10

(l) The changes made to this Section by Public Act
11
102-1125, other than the changes in subsection (a), apply to
12
High Impact Businesses that submit applications on or after
13
February 3, 2023 (the effective date of Public Act 102-1125).
14
(Source: P.A. 103-9, eff. 6-7-23; 103-561, eff. 1-1-24;
15
103-595, eff. 6-26-24; 103-605, eff. 7-1-24; 103-1066, eff.
16
2-20-25; 104-6, eff. 6-16-25; revised 12-12-25.)

17

Section 10.
The Prevailing Wage Act is amended by changing
18
Section 2 as follows:

19

(820 ILCS 130/2)
20

Sec. 2.
This Act applies to the wages of laborers,
21
mechanics
,
and other workers employed in any public works, as
22
hereinafter defined, by any public body and to anyone under
23
contracts for public works. This includes any maintenance,
24
repair, assembly, or disassembly work performed on equipment

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1
whether owned, leased, or rented.
2

As used in this Act, unless the context indicates
3
otherwise:
4

"Public works" means all fixed works constructed or
5
demolished by any public body, or paid for wholly or in part
6
out of public funds. "Public works" as defined herein includes
7
all projects financed in whole or in part with bonds, grants,
8
loans, or other funds made available by or through the State or
9
any of its political subdivisions, including
,
but not limited
10
to: bonds issued under the Industrial Project Revenue Bond Act
11
(Article 11, Division 74 of the Illinois Municipal Code), the
12
Industrial Building Revenue Bond Act, the Illinois Finance
13
Authority Act, the Illinois Sports Facilities Authority Act,
14
or the Build Illinois Bond Act; loans or other funds made
15
available pursuant to the Build Illinois Act; loans or other
16
funds made available pursuant to the Riverfront Development
17
Fund under Section 10-15 of the River Edge Redevelopment Zone
18
Act; or funds from the Fund for Illinois' Future under Section
19
6z-47 of the State Finance Act, funds for school construction
20
under Section 5 of the General Obligation Bond Act, funds
21
authorized under Section 3 of the School Construction Bond
22
Act, funds for school infrastructure under Section 6z-45 of
23
the State Finance Act, and funds for transportation purposes
24
under Section 4 of the General Obligation Bond Act. "Public
25
works" also includes all federal construction projects
26
administered or controlled by a public body if the prevailing

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1
rate of wages is equal to or greater than the prevailing wage
2
determination by the United States Secretary of Labor for the
3
same locality for the same type of construction used to
4
classify the federal construction project. "Public works" also
5
includes (i) all projects financed in whole or in part with
6
funds from the Environmental Protection Agency under the
7
Illinois Renewable Fuels Development Program Act for which
8
there is no project labor agreement; (ii) all work performed
9
pursuant to a public private agreement under the Public
10
Private Agreements for the Illiana Expressway Act or the
11
Public-Private Agreements for the South Suburban Airport Act;
12
(iii) all projects undertaken under a public-private agreement
13
under the Public-Private Partnerships for Transportation Act
14
or the Department of Natural Resources World Shooting and
15
Recreational Complex Act; and (iv) all transportation
16
facilities undertaken under a design-build contract or a
17
Construction Manager/General Contractor contract under the
18
Innovations for Transportation Infrastructure Act. "Public
19
works" also includes all projects at leased facility property
20
used for airport purposes under Section 35 of the Local
21
Government Facility Lease Act. "Public works" also includes
22
the construction of a new wind power facility by a business
23
designated
on or before the effective date of this amendatory
24
Act of the 104th General Assembly
as a High Impact Business
or

25
under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone
26
Act
, the construction of a new utility-scale solar power

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1
facility by a business designated
on or before the effective
2
date of this amendatory Act of the 104th General Assembly
as a
3
High Impact Business under
Section 5.5(a)(3)(E-5) of
the
4
Illinois Enterprise Zone Act, the construction of a new
5
battery energy storage solution facility by a business
6
designated as a High Impact Business under Section
7
5.5(a)(3)(I) of the Illinois Enterprise Zone Act, and the
8
construction of a high voltage direct current converter
9
station by a business designated as a High Impact Business
10
under Section 5.5(a)(3)(J) of the Illinois Enterprise Zone
11
Act. "Public works" also includes electric vehicle charging
12
station projects financed pursuant to the Electric Vehicle Act
13
and renewable energy projects required to pay the prevailing
14
wage pursuant to the Illinois Power Agency Act. "Public works"
15
also includes power washing projects by a public body or paid
16
for wholly or in part out of public funds in which steam or
17
pressurized water, with or without added abrasives or
18
chemicals, is used to remove paint or other coatings, oils or
19
grease, corrosion, or debris from a surface or to prepare a
20
surface for a coating. "Public works" also includes all
21
electric transmission systems projects subject to the Electric
22
Transmission Systems Construction Standards Act. "Public
23
works" does not include work done directly by any public
24
utility company, whether or not done under public supervision
25
or direction, or paid for wholly or in part out of public
26
funds. "Public works" also includes construction projects

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1
performed by a third party contracted by any public utility,
2
as described in subsection (a) of Section 2.1, in public
3
rights-of-way, as defined in Section 21-201 of the Public
4
Utilities Act, whether or not done under public supervision or
5
direction, or paid for wholly or in part out of public funds.
6
"Public works" also includes construction projects that exceed
7
15 aggregate miles of new fiber optic cable, performed by a
8
third party contracted by any public utility, as described in
9
subsection (b) of Section 2.1, in public rights-of-way, as
10
defined in Section 21-201 of the Public Utilities Act, whether
11
or not done under public supervision or direction, or paid for
12
wholly or in part out of public funds. "Public works" also
13
includes any corrective action performed pursuant to Title XVI
14
of the Environmental Protection Act for which payment from the
15
Underground Storage Tank Fund is requested. "Public works"
16
also includes all construction projects involving fixtures or
17
permanent attachments affixed to light poles that are owned by
18
a public body, including street light poles, traffic light
19
poles, and other lighting fixtures, whether or not done under
20
public supervision or direction, or paid for wholly or in part
21
out of public funds, unless the project is performed by
22
employees employed directly by the public body. "Public works"
23
also includes work performed subject to the Mechanical
24
Insulation Energy and Safety Assessment Act. "Public works"
25
also includes the removal, hauling, and transportation of
26
biosolids, lime sludge, and lime residue from a water

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1
treatment plant or facility and the disposal of biosolids,
2
lime sludge, and lime residue removed from a water treatment
3
plant or facility at a landfill. "Public works" also includes
4
sewer inspection projects that use a closed-circuit television
5
to identify issues in a sewer system, such as cracks in pipes,
6
root intrusion, blockages, or other structural damage. "Public
7
works" does not include projects undertaken by the owner at an
8
owner-occupied single-family residence or at an owner-occupied
9
unit of a multi-family residence. "Public works" does not
10
include work performed for soil and water conservation
11
purposes on agricultural lands, whether or not done under
12
public supervision or paid for wholly or in part out of public
13
funds, done directly by an owner or person who has legal
14
control of those lands.
15

"Construction" means all work on public works involving
16
laborers, workers or mechanics. This includes any maintenance,
17
repair, assembly, or disassembly work performed on equipment
18
whether owned, leased, or rented.
19

"Locality" means the county where the physical work upon
20
public works is performed, except (1) that if there is not
21
available in the county a sufficient number of competent
22
skilled laborers, workers and mechanics to construct the
23
public works efficiently and properly, "locality" includes any
24
other county nearest the one in which the work or construction
25
is to be performed and from which such persons may be obtained
26
in sufficient numbers to perform the work and (2) that, with

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1
respect to contracts for highway work with the Department of
2
Transportation of this State, "locality" may at the discretion
3
of the Secretary of the Department of Transportation be
4
construed to include two or more adjacent counties from which
5
workers may be accessible for work on such construction.
6

"Public body" means the State or any officer, board or
7
commission of the State or any political subdivision or
8
department thereof, or any institution supported in whole or
9
in part by public funds, and includes every county, city,
10
town, village, township, school district, irrigation, utility,
11
reclamation improvement or other district and every other
12
political subdivision, district or municipality of the state
13
whether such political subdivision, municipality or district
14
operates under a special charter or not.
15

"Labor organization" means an organization that is the
16
exclusive representative of an employer's employees recognized
17
or certified pursuant to the National Labor Relations Act.
18

The terms "general prevailing rate of hourly wages",
19
"general prevailing rate of wages" or "prevailing rate of
20
wages" when used in this Act mean the hourly cash wages plus
21
full journeyman annualized fringe benefits for training and
22
apprenticeship programs registered with the Office of
23
Apprenticeship within the U.S. Department of Labor's
24
Employment and Training Administration with full journeymen
25
annualized fringe benefits for health and welfare, insurance,
26
vacations
,
and pensions paid generally, in the locality in

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1
which the work is being performed, to employees engaged in
2
work of a similar character on public works.
3
(Source: P.A. 103-8, eff. 6-7-23; 103-327, eff. 1-1-24;
4
103-346, eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff.
5
8-4-23; 103-605, eff. 7-1-24; 103-1066, eff. 2-20-25; 104-17,
6
eff. 7-1-26 (see Section 35-5 of P.A. 104-434 for effective
7
date of P.A. 104-17); 104-23, eff. 6-30-25; 104-160, eff.
8
8-14-25; revised 12-2-25.)

9

Section 99.
Effective date.
This Act takes effect upon
10
becoming law.

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