HB3323sam004 99TH GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 5/18/2015

09900HB3323sam004 LRB099 11080 JLS 35759 a

AMENDMENT TO HOUSE BILL 3323

AMENDMENT NO. ______. Amend House Bill 3323, AS AMENDED, by replacing everything after the enacting clause with the following:

"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 community water supplies.

(a) The Agency shall adopt rules governing certain corrosion prevention projects carried out on community water supplies. Those rules shall not apply to buried pipelines including, but not limited to, pipes, mains, and joints. The rules shall exclude routine maintenance activities of community water supplies including, but not limited to, the use of protective coatings applied by the owner's utility personnel during the course of performing routine maintenance activities. The activities may include, but not be limited to, the painting of fire hydrants; routine over-coat painting of interior and exterior building surfaces such as floors, doors, windows, and ceilings; and routine touch-up and over-coat application of paint products typically found on water utility pumps, pipes, tanks, and other water treatment plant appurtenances and utility owned structures. Those rules shall include:

(1) standards for ensuring that community water supplies carry out corrosion prevention and mitigation methods according to corrosion prevention industry standards adopted by the Agency;

(2) requirements that community water supplies use:

(A) protective coatings personnel to carry out corrosion prevention and mitigation methods on any type of substrate or surface, including, but not limited to, concrete and steel tanks; water treatment pipe galleys; doors; walls; ceilings; grating; interior and exterior cabinets related to controls, pumps, and generators; or any other water treatment appurtenances where protective coatings are utilized for corrosion control and prevention to prolong the life of the water utility asset; and

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

(3) standards to prevent environmental degradation that might occur as a result of carrying out corrosion prevention and mitigation methods including, but not limited to, standards to prevent the improper handling and containment of hazardous materials, especially lead paint, removed from the exterior of a community water supply.

In adopting rules under this subsection (a), the Agency shall obtain input from corrosion industry experts specializing in the training of personnel to carry out corrosion prevention and mitigation methods.

(b) As used in this Section:

"Community water supply" has the meaning ascribed to that term in Section 3.145 of this Act.

"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 any or more of the following:

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

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

(C) shop painting of structural steel fabricated for installation as part of a community water supply; or

(D) installation of any polymer coating or surfacing on any concrete, or other cementitious substrate, that is a part of a community water supply; and

(2) any other activities that are (i) related to corrosion prevention, such as cathodic protection, of a community water supply and (ii) determined by the Agency to require industry trained personnel to carry out.

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

(c) This Section shall apply to only those projects receiving 100% funding from the State.

(d) Any contractors providing services covered by this Section shall comply with Section 30-22 of the Illinois Procurement Code. The requirements of this Section do not apply to an individual licensed under the Professional Engineering Practice Act of 1989 or the Structural Engineering Act of 1989.

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 may adopt rules governing all corrosion prevention projects carried out on eligible bridges. Rules may include 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:

(1) 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

(2) consulting and interacting directly with, for the purpose of utilizing industry trained personnel, corrosion industry experts specializing in the design and inspection of corrosion prevention and mitigation methods on bridges containing lead-based or other hazardous coatings.

(b) As used 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; or

(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 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 100% funded by the State.

(c) The requirements of this Section do not apply to an individual licensed under the Professional Engineering Practice Act of 1989 or the Structural Engineering Act of 1989.

Section 99. Effective date. This Act takes effect July 1, 2016.".