Illinois General Assembly - Full Text of HB3303
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Full Text of HB3303  99th General Assembly




HB3303 EnrolledLRB099 05805 HEP 25849 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4Section 5. The Environmental Protection Act is amended by
5adding Section 14.7 as follows:
6    (415 ILCS 5/14.7 new)
7    Sec. 14.7. Preservation of community water supplies.
8    (a) The Agency shall adopt rules governing certain
9corrosion prevention projects carried out on community water
10supplies. Those rules shall not apply to buried pipelines
11including, but not limited to, pipes, mains, and joints. The
12rules shall exclude routine maintenance activities of
13community water supplies including, but not limited to, the use
14of protective coatings applied by the owner's utility personnel
15during the course of performing routine maintenance
16activities. The activities may include, but not be limited to,
17the painting of fire hydrants; routine over-coat painting of
18interior and exterior building surfaces such as floors, doors,
19windows, and ceilings; and routine touch-up and over-coat
20application of protective coatings typically found on water
21utility pumps, pipes, tanks, and other water treatment plant
22appurtenances and utility owned structures. Those rules shall



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1        (1) standards for ensuring that community water
2    supplies carry out corrosion prevention and mitigation
3    methods according to corrosion prevention industry
4    standards adopted by the Agency;
5        (2) requirements that community water supplies use:
6            (A) protective coatings personnel to carry out
7        corrosion prevention and mitigation methods on exposed
8        water treatment tanks, exposed non-concrete water
9        treatment structures, exposed water treatment pipe
10        galleys; exposed pumps; and generators; the Agency
11        shall not limit to protective coatings personnel any
12        other work relating to prevention and mitigation
13        methods on any other water treatment appurtenances
14        where protective coatings are utilized for corrosion
15        control and prevention to prolong the life of the water
16        utility asset; and
17            (B) inspectors to ensure that best practices and
18        standards are adhered to on each corrosion prevention
19        project; and
20        (3) standards to prevent environmental degradation
21    that might occur as a result of carrying out corrosion
22    prevention and mitigation methods including, but not
23    limited to, standards to prevent the improper handling and
24    containment of hazardous materials, especially lead paint,
25    removed from the exterior of a community water supply.
26    In adopting rules under this subsection (a), the Agency



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1shall obtain input from corrosion industry experts
2specializing in the training of personnel to carry out
3corrosion prevention and mitigation methods.
4    (b) As used in this Section:
5    "Community water supply" has the meaning ascribed to that
6term in Section 3.145 of this Act.
7    "Corrosion" means a naturally occurring phenomenon
8commonly defined as the deterioration of a metal that results
9from a chemical or electrochemical reaction with its
11    "Corrosion prevention and mitigation methods" means the
12preparation, application, installation, removal, or general
13maintenance as necessary of a protective coating system,
14including any or more of the following:
15            (A) surface preparation and coating application on
16        the exterior or interior of a community water supply;
17        or
18            (B) shop painting of structural steel fabricated
19        for installation as part of a community water supply.
20    "Corrosion prevention project" means carrying out
21corrosion prevention and mitigation methods. "Corrosion
22prevention project" does not include clean-up related to
23surface preparation.
24    "Protective coatings personnel" means personnel employed
25or retained by a contractor providing services covered by this
26Section to carry out corrosion prevention or mitigation methods



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1or inspections.
2    (c) This Section shall apply to only those projects
3receiving 100% funding from the State.
4    (d) Each contract procured pursuant to the Illinois
5Procurement Code for the provision of services covered by this
6Section (1) shall comply with applicable provisions of the
7Illinois Procurement Code and (2) shall include provisions for
8reporting participation by minority persons, as defined by
9Section 2 of the Business Enterprise for Minorities, Females,
10and Persons with Disabilities Act; females, as defined by
11Section 2 of the Business Enterprise for Minorities, Females,
12and Persons with Disabilities Act; and veterans, as defined by
13Section 45-57 of the Illinois Procurement Code, in
14apprenticeship and training programs in which the contractor or
15his or her subcontractors participate. The requirements of this
16Section do not apply to an individual licensed under the
17Professional Engineering Practice Act of 1989 or the Structural
18Engineering Act of 1989.
19    Section 10. The Illinois Highway Code is amended by adding
20Section 4-106 as follows:
21    (605 ILCS 5/4-106 new)
22    Sec. 4-106. Preservation of bridge infrastructure.
23    (a) The Department may adopt rules governing all corrosion
24prevention projects carried out on eligible bridges. Rules may



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1include a process for ensuring that corrosion prevention and
2mitigation methods are carried out according to corrosion
3prevention industry standards adopted by the Department for
4eligible bridges that include:
5        (1) a plan to prevent environmental degradation that
6    could occur as a result of carrying out corrosion
7    prevention and mitigation methods including the careful
8    handling and containment of hazardous materials; and
9        (2) consulting and interacting directly with, for the
10    purpose of utilizing trained personnel specializing in the
11    design and inspection of corrosion prevention and
12    mitigation methods on bridges.
13    (b) As used in this Section:
14    "Corrosion" means a naturally occurring phenomenon
15commonly defined as the deterioration of a metal that results
16from a chemical or electrochemical reaction with its
18    "Corrosion prevention and mitigation methods" means:
19        (1) the preparation, application, installation,
20    removal, or general maintenance as necessary of a
21    protective coating system including the following:
22            (A) surface preparation and coating application on
23        an eligible bridge, but does not include gunnite or
24        similar materials; or
25            (B) shop painting of structural steel fabricated
26        for installation as part of an eligible bridge.



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1    "Corrosion prevention project" means carrying out
2corrosion prevention and mitigation methods during
3construction, alteration, maintenance, repair work on
4permanently exposed portions of an eligible bridge, or at any
5other time necessary on an eligible bridge. "Corrosion
6prevention project" does not include traffic control or
7clean-up related to surface preparation or the application of
8any curing compound or other substance onto or into any cement,
9cementitious substrate, or bituminous material.
10    "Eligible bridge" means a bridge or overpass the
11construction, alteration, maintenance, or repair work on which
12is 100% funded by the State. "Eligible bridge" does not include
13a bridge or overpass that is being demolished, removed, or
15    (c) The requirements of this Section do not apply to an
16individual licensed under the Professional Engineering
17Practice Act of 1989 or the Structural Engineering Act of 1989.
18    Section 99. Effective date. This Act takes effect July 1,