Rep. Barbara Hernandez

Filed: 4/4/2019

 

 


 

 


 
10100HB0137ham001LRB101 02902 TAE 59026 a

1
AMENDMENT TO HOUSE BILL 137

2    AMENDMENT NO. ______. Amend House Bill 137 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 14.7 as follows:
 
6    (415 ILCS 5/14.7)
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,

 

 

10100HB0137ham001- 2 -LRB101 02902 TAE 59026 a

1the painting of fire hydrants; routine over-coat painting of
2interior and exterior building surfaces such as floors, doors,
3windows, and ceilings; and routine touch-up and over-coat
4application of protective coatings typically found on water
5utility pumps, pipes, tanks, and other water treatment plant
6appurtenances and utility owned structures. Those rules shall
7include:
8        (1) standards for ensuring that community water
9    supplies carry out corrosion prevention and mitigation
10    methods according to corrosion prevention industry
11    standards adopted by the Agency;
12        (2) requirements that community water supplies use:
13            (A) protective coatings personnel to carry out
14        corrosion prevention and mitigation methods on exposed
15        water treatment tanks, exposed non-concrete water
16        treatment structures, exposed water treatment pipe
17        galleys; exposed pumps; and generators; the Agency
18        shall not limit to protective coatings personnel any
19        other work relating to prevention and mitigation
20        methods on any other water treatment appurtenances
21        where protective coatings are utilized for corrosion
22        control and prevention to prolong the life of the water
23        utility asset; and
24            (B) inspectors to ensure that best practices and
25        standards are adhered to on each corrosion prevention
26        project; and

 

 

10100HB0137ham001- 3 -LRB101 02902 TAE 59026 a

1        (3) standards to prevent environmental degradation
2    that might occur as a result of carrying out corrosion
3    prevention and mitigation methods including, but not
4    limited to, standards to prevent the improper handling and
5    containment of hazardous materials, especially lead paint,
6    removed from the exterior of a community water supply.
7    In adopting rules under this subsection (a), the Agency
8shall obtain input from corrosion industry experts
9specializing in the training of personnel to carry out
10corrosion prevention and mitigation methods.
11    (b) As used in this Section:
12    "Community water supply" has the meaning ascribed to that
13term in Section 3.145 of this Act.
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
17environment.
18    "Corrosion prevention and mitigation methods" means the
19preparation, application, installation, removal, or general
20maintenance as necessary of a protective coating system,
21including any or more of the following:
22            (A) surface preparation and coating application on
23        the exterior or interior of a community water supply;
24        or
25            (B) shop painting of structural steel fabricated
26        for installation as part of a community water supply.

 

 

10100HB0137ham001- 4 -LRB101 02902 TAE 59026 a

1    "Corrosion prevention project" means carrying out
2corrosion prevention and mitigation methods. "Corrosion
3prevention project" does not include clean-up related to
4surface preparation.
5    "Protective coatings personnel" means personnel employed
6or retained by a contractor providing services covered by this
7Section to carry out corrosion prevention or mitigation methods
8or inspections.
9    (c) (Blank). This Section shall apply to only those
10projects receiving 100% funding from the State.
11    (d) Each contract procured pursuant to the Illinois
12Procurement Code for the provision of services covered by this
13Section (1) shall comply with applicable provisions of the
14Illinois Procurement Code and (2) shall include provisions for
15reporting participation by minority persons, as defined by
16Section 2 of the Business Enterprise for Minorities, Women, and
17Persons with Disabilities Act; women, as defined by Section 2
18of the Business Enterprise for Minorities, Women, and Persons
19with Disabilities Act; and veterans, as defined by Section
2045-57 of the Illinois Procurement Code, in apprenticeship and
21training programs in which the contractor or his or her
22subcontractors participate. The requirements of this Section
23do not apply to an individual licensed under the Professional
24Engineering Practice Act of 1989 or the Structural Engineering
25Act of 1989.
26(Source: P.A. 99-923, eff. 7-1-17; 100-391, eff. 8-25-17.)
 

 

 

10100HB0137ham001- 5 -LRB101 02902 TAE 59026 a

1    Section 10. The Illinois Highway Code is amended by
2changing Section 4-106 as follows:
 
3    (605 ILCS 5/4-106)
4    Sec. 4-106. Preservation of bridge infrastructure.
5    (a) The Department may adopt rules governing all corrosion
6prevention projects carried out on eligible bridges. Rules may
7include a process for ensuring that corrosion prevention and
8mitigation methods are carried out according to corrosion
9prevention industry standards adopted by the Department for
10eligible bridges that include:
11        (1) a plan to prevent environmental degradation that
12    could occur as a result of carrying out corrosion
13    prevention and mitigation methods including the careful
14    handling and containment of hazardous materials; and
15        (2) consulting and interacting directly with, for the
16    purpose of utilizing trained personnel specializing in the
17    design and inspection of corrosion prevention and
18    mitigation methods on bridges.
19    (b) As used in this Section:
20    "Corrosion" means a naturally occurring phenomenon
21commonly defined as the deterioration of a metal that results
22from a chemical or electrochemical reaction with its
23environment.
24    "Corrosion prevention and mitigation methods" means:

 

 

10100HB0137ham001- 6 -LRB101 02902 TAE 59026 a

1        (1) the preparation, application, installation,
2    removal, or general maintenance as necessary of a
3    protective coating system including the following:
4            (A) surface preparation and coating application on
5        an eligible bridge, but does not include gunite gunnite
6        or similar materials; or
7            (B) shop painting of structural steel fabricated
8        for installation as part of an eligible bridge.
9    "Corrosion prevention project" means carrying out
10corrosion prevention and mitigation methods during
11construction, alteration, maintenance, repair work on
12permanently exposed portions of an eligible bridge, or at any
13other time necessary on an eligible bridge. "Corrosion
14prevention project" does not include traffic control or
15clean-up related to surface preparation or the application of
16any curing compound or other substance onto or into any cement,
17cementitious substrate, or bituminous material.
18    "Eligible bridge" means a bridge or overpass the
19construction, alteration, maintenance, or repair work on which
20is funded directly by, or provided other assistance through, a
21municipality, a public-private partnership, the State, the
22federal government, or some combination thereof 100% funded by
23the State. "Eligible bridge" does not include a bridge or
24overpass that is being demolished, removed, or replaced.
25    (c) The requirements of this Section do not apply to an
26individual licensed under the Professional Engineering

 

 

10100HB0137ham001- 7 -LRB101 02902 TAE 59026 a

1Practice Act of 1989 or the Structural Engineering Act of 1989.
2(Source: P.A. 99-923, eff. 7-1-17.)".