Bill Text: CA AB1415 | 2013-2014 | Regular Session | Amended
Bill Title: Administrative regulations: corrosion prevention and mitigation projects.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2014-08-29 - Re-referred to Com. on RLS. Senate Rule 29.3(b) suspended. (Ayes 24. Noes 9. Page 4976.) From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. [AB1415 Detail]
Download: California-2013-AB1415-Amended.html
BILL NUMBER: AB 1415 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 29, 2014
AMENDED IN SENATE AUGUST 22, 2014
INTRODUCED BY Assembly Member John A. Pérez
(Coauthors: Assembly Members Bocanegra, Frazier, Gray, and Levine)
(Coauthor: Senator De León)
MARCH 20, 2013
An act to amend Section 11340.5 of the Government Code, and to add
Section 7109.5 to the Public Contract Code, relating to
administrative regulations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1415, as amended, John A. Pérez. Administrative regulations:
corrosion prevention and mitigation projects.
(1) Existing law contains various provisions relating to contracts
by a public entity for the performance of public works of
improvement, including provisions for the payment of progress
payments and the disbursing and withholding of retention proceeds.
This bill would require a public entity that awards a contract for
construction, alteration, demolition, installation, repair, or
maintenance work after January 1, 2017, that is paid for in whole or
in part with state funds, to require contractors and subcontractors
performing corrosion prevention and mitigation work to comply with
specified standards to be adopted by the Director of the Department
of Industrial Relations in consultation with the Department of Toxic
Substances Control. This The
bill would also exempt work on sheet metal and ventilation
systems and plumbing and piping systems,
systems, and precast concrete work that is performed off site,
when the work is performed by specified persons, from the
standards adopted under these provisions.
(2) The Administrative Procedure Act generally sets forth the
requirements for the adoption, publication, review, and
implementation of regulations by state agencies.
This bill would make technical, nonsubstantive changes to of the
act provisions.
(3) Because this bill would require local entities to comply with
additional contracting regulations for these projects, it would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California's water and transportation infrastructure needs
will continue to increase dramatically. The cost of maintaining the
health and well-being of California and Californians is directly
linked to the safety of its water pipelines and storage tanks,
bridges, roads, and industry. Ensuring this depends primarily on two
factors: (1) the performance of proper, timely preventive maintenance
by certified workers and (2) the extent and severity of structural
corrosion or other deterioration.
(b) According to a 2012 American Society of Civil Engineers study,
in the "1950s and 1960s, California spent 20 cents of every dollar
on capital projects. By the 1980s, that figure dropped to less than
five cents on the dollar. Current estimates put infrastructure
investment at around a penny on the dollar.
dollar." Currently, 2,978 of the 24,812 bridges in California
(12 percent) are considered structurally deficient and roughly 8,000
of them are older than the recommended 50-year lifespan.
Additionally, corrosion was found to be at a critical level on the
suspension span of the new $6.5 billion San Francisco-Oakland Bay
Bridge.
(c) As California prepares for more than $7 billion in investments
in the state's water infrastructure, preventative measures like
corrosion prevention applications should be a part of all new
construction, retrofitting, and maintenance work. This protects
against deterioration of the infrastructure itself, as well as
environmental degradation from leakage, breaks, or release of toxic
materials. When steel corrodes, heavy metals are released into
storage tanks, pipelines, or other structures, which is hazardous in
the case of drinking water.
(d) Corrosion prevention work is necessary for long-term
environmental protection. When a coating is properly applied, it can
last 10 to 20 years, depending on the product. When applied
incorrectly, repairs are necessary within 1 to 3 years, requiring
untold costs. Each time the structure surfacing needs to be repaired,
the existing coating must be removed. When this removal is not
conducted by a competent workforce, the surrounding environment can
be exposed to lead or hazardous materials contamination.
(e) The Society for Protective Coatings (SSPC) states that 80
percent of coating failures are due to human error. Whether it be
from improper surface preparation, improper coating selection,
improper applications, improper drying, curing, or overcoating, a
certified professional can help prevent these failures. When
certified by an independent 3rd party, such as NACE or SSPC, there is
assurance that experienced professionals will complete the project
on time and according to the industry specifications.
SEC. 2. Section 11340.5 of the Government Code is amended to read:
11340.5. (a) A state agency shall not issue, utilize, enforce, or
attempt to enforce any guideline, criterion, bulletin, manual,
instruction, order, standard of general application, or other rule,
which is a regulation as defined in Section 11342.600, unless the
guideline, criterion, bulletin, manual, instruction, order, standard
of general application, or other rule has been adopted as a
regulation and filed with the Secretary of State pursuant to this
chapter.
(b) If the office is notified of, or on its own, learns of the
issuance, enforcement of, or use of, an agency guideline, criterion,
bulletin, manual, instruction, order, standard of general
application, or other rule that has not been adopted as a regulation
and filed with the Secretary of State pursuant to this chapter, the
office may issue a determination as to whether the guideline,
criterion, bulletin, manual, instruction, order, standard of general
application, or other rule, is a regulation as defined in Section
11342.600.
(c) The office shall do all of the following:
(1) File its determination upon issuance with the Secretary of
State.
(2) Make its determination known to the agency, the Governor, and
the Legislature.
(3) Publish its determination in the California Regulatory Notice
Register within 15 days of the date of issuance.
(4) Make its determination available to the public and the courts.
(d) Any interested person may obtain judicial review of a given
determination by filing a written petition requesting that the
determination of the office be modified or set aside. A petition
shall be filed with the court within 30 days of the date the
determination is published.
(e) A determination issued by the office pursuant to this section
shall not be considered by a court, or by an administrative agency in
an adjudicatory proceeding if all of the following occurs:
(1) The court or administrative agency proceeding involves the
party that sought the determination from the office.
(2) The proceeding began prior to the party's request for the
office's determination.
(3) At issue in the proceeding is the question of whether the
guideline, criterion, bulletin, manual, instruction, order, standard
of general application, or other rule that is the legal basis for the
adjudicatory action is a regulation as defined in Section 11342.600.
SEC. 3. Section 7109.5 is added to the Public Contract Code, to
read:
7109.5. (a) A public entity, as defined in Section 7200, that
awards a contract for construction, alteration, demolition,
installation, repair, or maintenance work after January 1, 2017, that
is paid for in whole or in part with state funds shall require all
contractors and subcontractors performing corrosion prevention and
mitigation work to comply with the standards adopted pursuant to this
section.
(b) Contractors and subcontractors performing contracts for
construction, alteration, demolition, installation, repair, or
maintenance work awarded after January 1, 2017, that are paid for in
whole or in part with state funds shall, when performing corrosion
prevention and mitigation work, comply with the standards adopted
pursuant to this section.
(c) On or before January 1, 2016, the Director of the Department
of Industrial Relations in consultation with the Department of Toxic
Substances Control, shall adopt regulations establishing standards
for the performance of corrosion prevention and mitigation work on
public projects that reflect industry best practices. Such industry
best practices shall include, but are not limited to, all of the
following:
(1) Use of trained and certified personnel for surface preparation
and application of protective coatings and linings to steel and
concrete surfaces.
(2) Use of inspectors to ensure best practices and standards are
met.
(3) A plan to prevent environmental degradation, including, but
not limited to, careful handling and containment of hazardous
materials such as lead paint.
(d) For purposes of this section:
(1) "Trained and certified personnel" means both of the following:
(A) To the maximum extent feasible, workers performing surface
preparation and application of protective coatings and linings to
steel and concrete surfaces who are classified as journey-level
workers and are shall be certified by
an organization generally accepted in the industry as meeting the
NACE 13/ACS 1 standard or a similar standard that is generally
accepted in the industry.
(B) Workers performing surface preparation and application of
protective coatings and linings to steel and concrete surfaces who
are classified as apprentices and are shall
be registered in an industrial apprenticeship program approved
by the Division of Apprenticeship Standards that provides training to
meet the NACE 13/ACS 1 standard or a similar standard that is
generally accepted by the industry.
(2) "NACE 13/ACS 1 standard" means the Society for Protective
Coatings/NACE International standard for an industrial coating and
lining application specialist.
(e) The standards adopted pursuant to this chapter shall not apply
to work on sheet metal and ventilation systems or on
plumbing and piping systems or to precast concrete work that is
performed offsite when the work on these systems or precast concrete
work is performed by either:
(1) Skilled journey persons who are graduates of an apprenticeship
program for the applicable occupation that was either approved by
the Chief of the Division of Apprenticeship Standards pursuant to
Section 3075 of the Labor Code or located outside California and
approved for federal purposes pursuant to the apprenticeship
regulations adopted by the federal Secretary of Labor.
(2) Apprentices registered in an apprenticeship program for the
applicable occupation that was approved by the Chief of the Division
of Apprenticeship Standards pursuant to Section 3075 of the Labor
Code.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
