November 10th, 2016
To the Honorable
Members of
The Illinois Senate,
99th General Assembly:
Today
I return Senate Bill 1281 with specific recommendations for change.
The
bill would require the Illinois Environmental Protection Agency to adopt rules
pertaining to corrosion prevention projects carried out on community water
supplies that are fully funded by the State. The rules would set standards to
protect water supplies from contamination caused by corroding materials, such
as paint. The bill would also authorize the Illinois Department of
Transportation to adopt similar rules for projects carried out on bridges.
Local
governments and utilities that carry out corrosion prevention projects should
already conform to industry-leading standards. I appreciate the sponsors’ interest
in protecting our water supplies from contamination; but regardless of this
bill, State agencies and local communities should continue to work together to
protect our public health.
The
bill was held by the Senate on a motion to reconsider for over a year because
of questions about the bill’s intent and implementation. I am returning the
bill to address some of those questions.
First,
the bill requires community water suppliers to use “protective coatings
personnel” to carry out corrosion prevention and mitigation work but does not
define that term. The changes recommended below would provide a definition.
Second,
the bill provides that “[a]ny contractors providing services covered by this
[bill] shall comply with Section 30-22 of the Illinois Procurement Code.” If a
contract is procured by the State, it should comply with all applicable
provisions of the Procurement Code, not just Section 30-22 (which applies
Responsible Bidder requirements). If a project is procured by a local
government or community water supplier, it should comply with all procurement
rules applicable to that entity. In the latter case, providing that a
contractor “shall comply with . . . the Illinois Procurement Code” is unclear,
because the Procurement Code does not necessarily apply by its own terms and is
not amended by this bill. The changes recommended below would resolve this
ambiguity.
Finally,
if a contractor is subject to Responsible Bidder requirements, we should ensure
that the apprenticeship and training programs are open to all persons,
including especially persons from minority and disadvantaged communities,
women, and veterans. Too often participation in our workforce training programs
is not reflective of the diversity of our state or the communities most in need
of good-paying jobs. The unemployment rate for minority persons is still
significantly and unacceptably higher than the statewide unemployment rate. The
changes below would encourage greater participation, inclusion, and opportunity.
I
again thank the sponsors for their interest in protecting our water supplies
and encourage community water suppliers, State agencies, and other stakeholder
to implement best practices to protect our public health.
Therefore,
pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I
hereby return Senate Bill 1281, entitled “AN ACT concerning regulation”, with
the following specific recommendations for change:
On page 3, immediate below line 23, by
inserting the following:
““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.”; and
On page 3, by deleting line 26; and
On page 4, by replacing lines 1 through 4 with
the following:
“(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, Females, and Persons with Disabilities Act), females (as defined by
Section 2 of the Business Enterprise for Minorities, Females, 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 its 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.”.
With these changes, Senate Bill 1281 will have
my approval. I respectfully request your concurrence.
Sincerely,
Bruce
Rauner
GOVERNOR