HB3323eng 99TH GENERAL ASSEMBLY

HB3323 Engrossed LRB099 11080 JLS 31477 b

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 community water supplies.

(a) The Agency shall adopt rules governing all corrosion prevention projects carried out on community water supplies. 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 industry trained and certified:

(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; 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 interior or 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 and certification 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" mean:

(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 and certified personnel to carry out.

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

"Industry trained and certified" means having documentation that is recognized by the United States Department of Labor and that shows 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 community 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.

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" mean:

(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.