BILL ANALYSIS �
SB 792
Page 1
( Without Reference to File )
SENATE THIRD READING
SB 792 (Padilla)
As Amended August 30, 2014
Majority vote
SENATE VOTE :Vote not relevant
LABOR & EMPLOYMENT 5-2
-----------------------------------------------------------------
|Ayes:|Roger Hern�ndez, Alejo, | | |
| |Chau, Holden, | | |
| |Ridley-Thomas | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove, Gorell | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires public projects involving corrosion
prevention and mitigation work to comply with specified
standards. Specifically, this bill :
1)Requires the Director of the Department of Industrial
Relations (DIR), in consultation with the Department of Toxic
Substances Control, 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.
2)Specifies that such industry best practices shall include, but
are not limited to, all of the following:
a) Use of trained and certified personnel for surface
preparation and application of protective coatings and
linings to steel and concrete surfaces.
b) Use of inspectors to ensure best practices and standards
are met.
c) A plan to prevent environmental degradation, including,
but not limited to, careful handling and containment of
hazardous materials such as lead paint.
SB 792
Page 2
3)Defines "trained and certified personnel" to mean 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 shall be certified by
an organization generally accepted in the industry as
meeting the National Association of Corrosion Engineers
(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 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 in the industry.
4)Defines "NACE 13/ACS 1 standard" to mean the Society for
Protective Coatings/NACE International standard for an
industrial coating and lining application specialist.
5)Provides that a public entity (as defined) 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
aforementioned standards.
6)Requires 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, when performing
corrosion prevention and mitigation work, to comply with the
aforementioned standards.
7)Specifies that the aforementioned standards shall not apply to
work on sheet metal and ventilation systems, or on plumbing
and piping systems or precast concrete work that is performed
offsite when the work on these systems or precast concrete
SB 792
Page 3
work is performed by either:
a) 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 existing law 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
the Division of Apprenticeship Standards pursuant to
existing law.
8)Makes related legislative findings and declarations.
FISCAL EFFECT : Unknown
COMMENTS : According to the author and the sponsor (the
International Union of Painters and Allied Trades), 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.
They note that 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%) are considered structurally deficient and
roughly 8,000 of them are older than the recommended 50-year
lifespan.
The author and the sponsor state that 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
SB 792
Page 4
of toxics.
They contend that corrosion prevention work is necessary for
long-term environmental protection. When a coating is properly
applied, it can last between 10 and 20 years. However, when
applied incorrectly, repairs are necessary within one to 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 author and the sponsor note that 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. With the use of experienced
professionals who are trained to the standards of third party
organizations - such as SSPC or the NACE, 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.
Opponents write that it is unclear why the requirements of this
bill do not apply all work, such as plumbing and piping systems.
Corrosion has a significant impact on plumbing and piping
systems and other excluded work and it seems this bill ignores a
significant part of the industry.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN:
0005603