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Public Act 101-0226


 

Public Act 0226 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0226
 
HB0137 EnrolledLRB101 02902 RJF 47910 b

    AN ACT concerning State government.
 
    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
changing Section 14.7 as follows:
 
    (415 ILCS 5/14.7)
    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. Routine maintenance The activities shall 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 protective
coatings 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 exposed
        water treatment tanks, exposed non-concrete water
        treatment structures, exposed water treatment pipe
        galleys; exposed pumps; and generators; the Agency
        shall not limit to protective coatings personnel any
        other work relating to prevention and mitigation
        methods on 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 metal that results
from a chemical or electrochemical reaction with its
environment.
    "Corrosion prevention and mitigation methods" means 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;
        or
            (B) shop painting of structural steel fabricated
        for installation as part of a community water supply.
    "Corrosion prevention project" means carrying out
corrosion prevention and mitigation methods. "Corrosion
prevention project" does not include clean-up related to
surface preparation.
    "Protective coatings personnel" means personnel employed
or retained by a contractor providing services covered by this
Section to carry out corrosion prevention or mitigation methods
or inspections.
    (c) (Blank). This Section shall apply to only those
projects receiving 100% funding from the State.
    (d) Each contract procured pursuant to the Illinois
Procurement Code for the provision of services covered by this
Section (1) shall comply with applicable provisions of the
Illinois Procurement Code and (2) shall include provisions for
reporting participation by minority persons, as defined by
Section 2 of the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act; women, as defined by Section 2
of the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act; and veterans, as defined by Section
45-57 of the Illinois Procurement Code, in apprenticeship and
training programs in which the contractor or his or her
subcontractors participate. 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.
(Source: P.A. 99-923, eff. 7-1-17; 100-391, eff. 8-25-17.)
 
    Section 10. The Illinois Highway Code is amended by
changing Section 4-106 as follows:
 
    (605 ILCS 5/4-106)
    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; and
        (2) consulting and interacting directly with, for the
    purpose of utilizing trained personnel specializing in the
    design and inspection of corrosion prevention and
    mitigation methods on bridges.
    (b) As used in this Section:
    "Corrosion" means a naturally occurring phenomenon
commonly defined as the deterioration of 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, but does not include gunite gunnite
        or similar materials; or
            (B) shop painting of structural steel fabricated
        for installation as part of an eligible bridge.
    "Corrosion prevention project" means carrying out
corrosion prevention and mitigation methods during
construction, alteration, maintenance, repair work on
permanently exposed portions of an eligible bridge, or at any
other time necessary on an eligible bridge. "Corrosion
prevention project" does not include traffic control or
clean-up related to surface preparation or the application of
any curing compound or other substance onto or into any cement,
cementitious substrate, or bituminous material.
    "Eligible bridge" means a bridge or overpass the
construction, alteration, maintenance, or repair work on which
is funded directly by, or provided other assistance through, a
municipality, a public-private partnership, the State, the
federal government, or some combination thereof 100% funded by
the State. "Eligible bridge" does not include a bridge or
overpass that is being demolished, removed, or replaced.
    (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.
(Source: P.A. 99-923, eff. 7-1-17.)

Effective Date: 6/1/2020