HB3323 99TH GENERAL ASSEMBLY

LRB099 11080 JLS 31477 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3323

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

415 ILCS 5/14.7 new
605 ILCS 5/4-106 new

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to promulgate rules governing corrosion prevention projects affecting a public water supply. Amends the Illinois Highway Code. Requires the Department of Transportation to promulgate rules governing corrosion prevention projects affecting eligible bridges. Provides for consideration of industry standards and the handling of hazardous materials. Defines terms.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning the environment.

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

Section 5. The Environmental Protection Act is amended by adding Section 14.7 as follows:

(415 ILCS 5/14.7 new)

Sec. 14.7. Preservation of the public water supply infrastructure.

(a) The Agency shall adopt rules governing all corrosion prevention projects carried out on the public water supply. The rules shall include:

(1) a process for ensuring that corrosion prevention and mitigation methods are carried out according to corrosion prevention industry standards adopted by the Agency for the public water supply that include the use of industry trained and certified:

(A) protective coatings personnel to carry out corrosion prevention and mitigation methods on any type of substrate or surface, but especially concrete and steel; and

(B) inspectors to ensure best practices and standards are adhered to on a corrosion prevention project;

(2) a plan to prevent environmental degradation that could occur as a result of carrying out corrosion prevention and mitigation methods including the careful handling and containment of hazardous materials, especially lead paint, removed from the interior or exterior of a public water supply; and

(3) consulting and interacting directly with, for the purpose of approving industry trained and certified personnel, corrosion industry experts specializing in the training and certification of personnel to carry out corrosion prevention and mitigation methods.

(b) In this Section:

"Corrosion" means a naturally occurring phenomenon commonly defined as the deterioration of a material (usually a metal) that results from a chemical or electrochemical reaction with its environment.

"Corrosion prevention and mitigation methods" means:

(1) the preparation, application, installation, removal, or general maintenance as necessary of a protective coating system including the following:

(A) surface preparation and coating application on the exterior or interior of the public water supply;

(B) removal of a lead-based or other hazardous coating from the public water supply;

(C) shop painting of structural steel fabricated for installation as part of the public water supply;

(D) installation of polymer coatings and surfacings on concrete or other cementitious substrates that are part of the public water supply; and

(2) any other activities related to corrosion prevention, such as cathodic protection, on the public water supply determined by the Agency that require industry trained and certified personnel to carry out.

"Corrosion prevention project" means carrying out corrosion prevention and mitigation methods.

"Industry trained and certified" means documentation, as recognized by the United States Department of Labor, showing either:

(1) an individual's prior completion of, or current enrollment in for at least the entire duration of a corrosion prevention project on the public water supply, a United States Department of Labor certified apprenticeship training program that requires concurrent on-the-job training and classroom instruction for an individual to be considered adequately knowledgeable to carry out corrosion prevention and mitigation methods; or

(2) an individual's receipt from a corrosion prevention industry credentialing organization, whose standards for corrosion prevention and mitigation methods are recognized by the Agency, of confirmation that the individual is adequately trained to carry out corrosion prevention and mitigation methods or inspections.

"Public water supply" means all mains, pipes, and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use in incorporated municipalities, in unincorporated communities where 10 or more separate lots or properties are being served or intended to be served, in State owned parks and memorials, and in State owned educational, charitable, or penal institutions.

Section 10. The Illinois Highway Code is amended by adding Section 4-106 as follows:

(605 ILCS 5/4-106 new)

Sec. 4-106. Preservation of bridge infrastructure.

(a) The Department shall adopt rules governing all corrosion prevention projects carried out on eligible bridges. The rules shall include:

(1) a process for ensuring that corrosion prevention and mitigation methods are carried out according to corrosion prevention industry standards adopted by the Department for eligible bridges that include the use of industry trained and certified:

(A) protective coatings personnel to carry out corrosion prevention and mitigation methods on any type of substrate or surface, but especially concrete and steel; and

(B) inspectors to ensure best practices and standards are adhered to on a corrosion prevention project;

(2) a plan to prevent environmental degradation that could occur as a result of carrying out corrosion prevention and mitigation methods including the careful handling and containment of hazardous materials, especially lead paint; and

(3) consulting and interacting directly with, for the purpose of approving industry trained and certified personnel, corrosion industry experts specializing in the training and certification of personnel to carry out corrosion prevention and mitigation methods.

(b) In this Section:

"Corrosion" means a naturally occurring phenomenon commonly defined as the deterioration of a material (usually a metal) that results from a chemical or electrochemical reaction with its environment.

"Corrosion prevention and mitigation methods" means:

(1) the preparation, application, installation, removal, or general maintenance as necessary of a protective coating system including the following:

(A) surface preparation and coating application on an eligible bridge;

(B) removal of a lead-based or other hazardous coating from an eligible bridge;

(C) shop painting of structural steel fabricated for installation as part of an eligible bridge; and

(2) any other activities related to corrosion prevention, such as cathodic protection, on eligible bridges determined by the Department that require industry trained and certified personnel to carry out.

"Corrosion prevention project" means carrying out corrosion prevention and mitigation methods during construction, alteration, maintenance, repair work, or at any other time necessary on an eligible bridge.

"Eligible bridge" means a bridge or overpass the construction, alteration, maintenance, or repair work on which is funded, directly or indirectly, by a municipality, a public-private partnership, the State, the federal government, or some combination thereof.

"Industry trained and certified" means documentation, as recognized by the United States Department of Labor, showing either:

(1) an individual's prior completion of, or current enrollment in for at least the entire duration of a corrosion prevention project on an eligible bridge, a United States Department of Labor certified apprenticeship training program that requires concurrent on-the-job training and classroom instruction for an individual to be considered adequately knowledgeable to carry out corrosion prevention and mitigation methods; or

(2) an individual's receipt from a corrosion prevention industry credentialing organization, whose standards for corrosion prevention and mitigation methods are recognized by the Department, of confirmation that the individual is adequately trained to carry out corrosion prevention and mitigation methods or inspections.