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HB 3094

TRANSPORTATION BENEFIT PROGRAM

104th Regular Session Introduced by Javier Cervantes and 4 co-sponsors

The act clarifies definitions and exempts construction employers with bona fide CBAs from transit-benefit requirements for covered employees.

Public Act . . . . . . . . . 104-0272
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Bill Summary · HB 3094

Summary — HB 3094 (Public Act 104-0272): Transportation Benefits Program

Status: Enacted (Public Act 104-0272) — Governor approved 8/15/2025; Effective date: January 1, 2026
Introduced: Rep. Theresa Mah. Chief Senate sponsor: Sen. Ram Villivalam. Companion: SB 1051.

Purpose

HB 3094 amends the Transportation Benefits Program Act to (1) clarify several statutory definitions used by the Act and (2) exempt certain construction-industry employers — specifically, construction employers who have a bona fide collective bargaining agreement with their employees — from the Act’s requirements with respect to those employees.

Key provisions

  • Adds/clarifies definitions in Section 5 of the Transportation Benefits Program Act, including:
    • “Construction industry” — broad list of activities (constructing, altering, reconstructing, repairing, refurbishing, remodeling, demolishing, moving construction-related materials, snow plowing/removal, refuse collection, etc.) and covered project types (buildings, highways, bridges, sewers, water works, parking facilities, railroads, excavations, etc.).
    • “Covered employee” — person employed by a covered employer who performs an average of at least 35 hours per week (full-time).
    • “Covered employer” — any employer (including individuals, corporations, nonprofits, government entities) that (a) is located in specified counties/townships (extensive list across Cook, Lake, Will, DuPage, McHenry and other townships) and (b) employs 50 or more covered employees at an address within one mile of fixed‑route transit service.
    • “Public transit” and “Transit pass” — defined to reference systems under the Regional Transportation Authority and common transit fare instruments.
  • Amends Section 20 (Application of Act):
    • Reaffirms that nothing in the Act diminishes employees’ collective bargaining rights or alters existing bona fide collective bargaining agreements.
    • New explicit exemption: the Act does not apply to a covered employer in the construction industry with respect to employees who are covered by a bona fide collective bargaining agreement.

Who is affected

  • Employers: Businesses that meet the geographic (listed counties/townships), size (50+ covered employees), and proximity (within one mile of fixed-route transit) thresholds are subject to the Transportation Benefits Program (absent an applicable exemption).
  • Construction employers: Those in the defined “construction industry” that have bona fide collective bargaining agreements will be exempt from the Act’s requirements for employees covered by those agreements.
  • Employees: Full‑time employees (averaging ≥35 hours/week) who would otherwise be eligible for employer-provided transit benefits are directly affected. Unionized construction workers covered by CBAs may not be covered by the Act’s transit-benefit requirements.

Timeline / procedural history (selected)

  • Filed: 2/20/2025
  • Passed both chambers: 5/22/2025
  • Sent to Governor: 6/20/2025
  • Governor approved: 8/15/2025
  • Effective date: 1/1/2026

Potential impacts / considerations

  • The change narrows the universe of employees eligible for statutory transit-benefit protections by exempting unionized construction workers, potentially shifting benefit coverage back to terms negotiated in collective bargaining.
  • Employers in non‑construction sectors that meet the Act’s thresholds remain subject to its requirements.
  • The detailed geographic and size thresholds mean applicability remains focused on larger employers located near fixed-route transit in the enumerated jurisdictions.

Compiled from official sources — confirm details with the bill’s official record.

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