BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1415|
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THIRD READING
Bill No: AB 1415
Author: John A. Pérez (D), et al.
Amended: 8/29/14 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 11-0, 6/25/13
AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,
De León, Galgiani, Hernandez, Lieu, Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/24/13 - See last page for vote
SUBJECT : Administrative regulations: corrosion prevention
and mitigation project
SOURCE : Author
DIGEST : This bill directs the Department of Industrial
Relations (DIR), in consultation with the Department of Toxic
Substances Control (DTSC), to adopt regulations for corrosion
prevention work on public infrastructure projects; provides that
these regulations require use of certified personnel for
application of protective coatings and linings on steel and
concrete which will prevent early deterioration due to corrosion
and related environmental contamination; and mandates that these
regulations be a part of public contracts receiving state funds
by January 1, 2017.
Senate Floor Amendments of 8/29/14 expand the exemption for
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plumbing and piping to ventilation, sheet metal, and pre-cast
concrete work; and make grammatical, technical changes.
Senate Floor Amendments of 8/22/14 add a new body of law
relating to corrosion prevention and mitigation standards on
public works contracts, as specified; change the bill's author
from the Assembly Accountability and Administrative Review
Committee to Assemblymember John A. Perez; add coauthors; make
legislative findings; and, with the exception of a technical
change, reinstate existing law relative to judicial review of
administrative procedures.
ANALYSIS :
Existing law:
1. Sets forth, pursuant to the Administrative Procedure Act,
the requirements for the adoption, publication, review, and
implementation of regulations by state agencies.
2. Establishes DIR to improve working conditions and to advance
opportunities for profitable employment in California. DIR
administers and enforces laws related to apprenticeship
training and certification programs.
3. Establishes DTSC to protect California's people and
environment from harmful effects of toxic substances by
restoring contaminated resources, enforcing hazardous waste
laws, and reducing hazardous waste generation.
This bill:
1. Makes legislative findings and declarations relative to the
state's water and transportation infrastructure needs that
will continue to increase dramatically. As California
prepares for more than $7 billion in investments in the
state's water infrastructure, preventive measures such as
corrosion prevention applications should be a part of all new
construction, retrofitting, and maintenance work and the work
should be done by a competent workforce.
2. Requires a public entity, as defined, that awards a contract
for construction, alteration, demolition, installation,
repair, or maintenance work after January 1, 2017, that is
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paid for in whole or in part with state funds to require all
contractors and subcontractors performing corrosion
prevention and mitigation work to comply with certain
standards adopted pursuant to this bill.
3. Provides that 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 bill.
4. Requires DIR, in consultation with DTSC, on or before
January 1, 2016, to adopt regulations establishing standards
for the performance of corrosion prevention and mitigation
work on public projects that reflect industry best practices,
as specified.
5. Defines "trained and certified personnel" as workers
performing surface preparation and application of protective
coatings and linings to steel and concrete surfaces who are
classified as (a) journey-level workers 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 by the industry, and (b) apprentices shall
be registered in an industrial apprenticeship program
approved by the Division of Apprenticeship Standards (DAS)
that provides training to meet the NACE 13/ACS 1 standard or
a similar standard that is generally accepted by the
industry.
6. Defines "NACE 13/ACS 1 standard" as the Society for
Protective Coatings/NACE International standard for an
industrial coating and lining application specialist.
7. Makes it explicit that standards adopted pursuant to this
body of law 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:
A. Skilled journey persons who are graduates of an
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apprenticeship program for the applicable occupation that
either approved by the Chief of DAS pursuant to Labor Code
Section 3075 or located outside California and approved
for federal purposes pursuant to the apprenticeship
regulations adopted by the federal Secretary of Labor.
B. Apprentices registered in an apprenticeship program
for the applicable occupation that was approved by the
Chief of DAS pursuant to Labor Code Section 3075.
This bill makes technical, nonsubstantive changes to the
Administrative Procedure Act.
Background
According to the author's office, the well-being of California
and its people is dependent upon the quality and integrity of
its water infrastructure, bridges, roads and industrial
structures. Ensuring the reliability of these public assets
depends primarily on two factors: the performance of proper,
timely preventive maintenance by certified workers as well as
the extent and severity of structural corrosion or other
deterioration.
Corrosion was already found to be at a critical level on the
suspension span of the new $6.5 billion San Francisco-Oakland
Bay Bridge. According to a 2012 American Society of Civil
Engineers study, 2,978 of the 24,812 bridges in California
(12.0%) are considered structurally deficient and roughly 8,000
of them are older than the recommended 50-year lifespan.
As California is poised to spend more than $7 billion on water
infrastructure in the near future, preventative measures like
corrosion prevention applications should be a part of all new
construction, retrofitting, and maintenance work. This protects
against deterioration of the building materials, as well as
environmental contamination from leakage, breaks, or the release
of toxics.
Corrosion prevention work is necessary for long-term
environmental protection.
When a coating is properly applied, it can last 10-20 years.
When applied incorrectly, repairs are necessary within one to
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three years, requiring untold costs. Each repair of a structure
surface requires removal of the existing coating. When this
process is not conducted by a competent workforce, the
surrounding environment can be exposed to lead or other
hazardous materials.
The Society for Protective Coatings (SSPC) states that 80% of
coating failures are due to human error. Whether from flawed
surface preparation; improper coating selection and application;
inadequate drying and curing or over-coating; the use of
certified professionals can help prevent these failures. The
use of experienced professionals who are trained to the
standards of third party organizations - such as NACE or SSPC,
which have long-standing reputations for developing training,
manufacturing and safety specifications and certifications based
on science and well-researched best-practices - there is greater
assurance that projects will be completed on time, on budget and
in accordance with the highest industry standards.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/28/14)
Advanced Industrial Services, Inc.
AFSCME
American Coatings
California Labor Federation
FCA International
F.D. Thomas, Inc.
G and B Painting
Hartman Walsh Industrial Services
International Union of Painters and Allied Trades
International Union of Painters and Allied Trades, District
Council 16
International Union of Painters and Allied Trades, District
Council 36
International Union of Painters and Allied Trades/Finishing
Trades Institute
Jerry Thompson & Sons Painting, Inc.
K2 Cannon Sline Industrial, Inc.
KBI Painting, Inc.
Long Painting Company
Los Angeles Painting & Finishing Contractors Association
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Mason Painting
Murphy Industrial Coatings, Inc.
NACE International
NACE International Institute
Northern California Painting and Finishing Contractors
Association
Redwood Painting Co., Inc.
Russell Hinton Co.
Society for Protective Coatings
Southern California Painting Decorators, Contractors Association
State Building and Construction Trades Council
Techno Coatings, Inc.
Wm. B. Saleh Co.
OPPOSITION : (Verified 8/29/14)
Air Conditioning Trade Association
Associated Builders and Contractors - San Diego Chapter
Associated General Contractors
Plumbing-Heating-Cooling Contractors Association of California
Western Electrical Contractors Association
ARGUMENTS IN SUPPORT : Proponents write that this bill will
increase environmental and health and safety workforce
protections for corrosion prevention applications on public
works projects that receive state funding.
ARGUMENTS IN OPPOSITION : Opponents write that it is unclear
why the requirements of this bill do not apply to plumbing and
piping systems. Corrosion has a significant impact on plumbing
and piping systems and it seems this bill ignores a significant
part of the industry.
ASSEMBLY FLOOR : 70-0, 5/24/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bradford, Brown, Buchanan,
Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Hagman, Hall, Harkey, Roger Hernández, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
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Quirk, Quirk-Silva, Rendon, Salas, Stone, Ting, Wagner, Weber,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Allen, Bonta, Grove, Holden, Nazarian,
Skinner, Waldron, Wilk, Vacancy, Vacancy
MW:k 8/29/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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