BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 792|
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UNFINISHED BUSINESS
Bill No: SB 792
Author: Padilla (D)
Amended: 8/30/14
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 7-2, 8/30/14
(Pursuant to Senate Rule 29.10)
(ROLL CALL NOT AVAILABLE)
ASSEMBLY FLOOR : Not available
SUBJECT : Public contracts: regulations: corrosion
prevention and mitigation
projects
SOURCE : International Union of Painters and Allied Trades
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 will 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.
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Assembly Amendments delete the Senate version of the bill
relating to Bay Area regional governance, and insert the current
language.
ANALYSIS :
Existing law:
1. 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.
2. Establishes the DIR to improve working conditions and to
advance opportunities for profitable employment in
California. Specifies that the 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 numerous 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. Adds a new body of law to the Public Contract Code relating
to corrosion prevention standards that specifies 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 certain standards adopted pursuant to
this bill.
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3. 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 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" and "NACE 13/ACS 1
standard" for purposes of the bill.
6. Makes it explicit that standards adopted pursuant to this
body of law shall not apply to work on sheet metal and
ventilations systems or on plumbing and piping systems or
precast concrete work that is performed offsite when the work
on these systems or precast 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 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 the Division of Apprenticeship Standards pursuant to
Labor Code Section 3075.
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
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the extent and severity of structural corrosion or other
deterioration.
The author's office notes that corrosion has already been found
to be at a critical level on the suspension span of the new $6.5
billion San Francisco-Oakland Bay Bridge and 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, preventive 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. When a coating is properly applied, it can last
10-20 years. 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.
The author's office emphasizes that 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 the National
Association of Corrosion Engineers (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.
NACE establishes the industry standards for corrosion
protection. NACE International, the Worldwide Corrosion
Authority, serves nearly 33,000+ members in 116 countries and is
recognized globally as the premier authority for corrosion
control solutions. The organization offers technical training
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and certification programs, conferences, industry standards,
reports, publications, technical journals, government relations
activities and more. It is from the standards established by
this organization that DIR and DTSC are to establish the
certification regulations for anti-corrosion applicators in
California.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/30/14)
International Union of Painters and Allied Trades (source)
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, District
Council 16
International Union of Painters and Allied Trades, District
Council 36
Jerry Thompson & Sons Painting, Inc.
K2 Cannon Sline Industrial, Inc.
KBI Painting, Inc.
Long Painting Company
Los Angeles Painting & Finishing Contractors Association
Mason Painting, Inc.
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.
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OPPOSITION : (Verified 8/30/14)
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. Additionally,
proponents emphasize that "ensuring the protection and long-term
viability of public investments is a responsibility of the state
and an expression of fiscal responsibility."
ARGUMENTS IN OPPOSITION : Opponents argue that "while
corrosion prevention and safety of California's infrastructure
is good policy, no information has been offered as to why the
creation of a new regulatory program is necessary as the bill's
provisions won't take effect until 2017." Additionally,
opponents state that "if preventing corrosion is the intent of
the bill, eliminating those that work on piping and plumbing
systems from following best practices on public infrastructure
projects that carry water or other substances is simply not a
logical policy."
MW:m 8/30/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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