Bill Text: IL HB0137 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes. In a provision that excludes routine maintenance of community water supplies from rules governing certain corrosion prevention projects, provides that routine maintenance activities shall (instead of may) include specified activities.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0226 [HB0137 Detail]

Download: Illinois-2019-HB0137-Engrossed.html

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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. The activities 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:

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(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

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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

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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

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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

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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.)