| Chapter 119 |
| 2025 -- H 5188 SUBSTITUTE A Enacted 06/23/2025 |
| A N A C T |
| RELATING TO PUBLIC PROPERTY AND WORKS -- CORROSION PREVENTION AND MITIGATION WORK REQUIREMENTS |
Introduced By: Representatives Bennett, Cotter, Carson, Dawson, Phillips, Shanley, Craven, DeSimone, Cortvriend, and Edwards |
| Date Introduced: January 24, 2025 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 37-25-1 of the General Laws in Chapter 37-25 entitled "Corrosion |
| Prevention and Mitigation Work Requirements" is hereby amended to read as follows: |
| 37-25-1. Corrosion prevention and mitigation work requirements. |
| (a) For purposes of this section: |
| (1) “NACE 13/ACS 1 standard” means the Society for Protective Coatings/NACE |
| International standard for an industrial coating and lining application specialist. |
| (2) “Trained and certified personnel” means both of the following: |
| (i) To the maximum extent feasible, workers performing surface preparation and |
| application of protective coatings and linings to steel, who are classified as journey-level painters, |
| 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. Coatings |
| applied during assembly are excluded. |
| (ii) Workers performing surface preparation and application of protective coatings and |
| linings to steel, who are classified as apprentices, shall be registered in an industrial apprenticeship |
| program, approved by the department of labor and training, that provides training to meet the |
| NACE 13/ACS 1 standard or a similar standard, that is generally accepted by the industry. |
| (b) A public entity that awards a contract after January 1, 2024, 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. |
| (c) Contractors and subcontractors performing public works contracts for corrosion |
| prevention and mitigation work must comply with the standards adopted pursuant to this section |
| after January 1, 2024. |
| (d) On or before January 1, 2023, the director of the department of labor and training in |
| consultation with the department of environmental management, 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, the following: |
| (1) Use of trained and certified personnel for surface preparation and application of |
| protective coatings and linings to steel; |
| (2) Use of inspectors to ensure best practices and standards are met; and |
| (3) A plan to prevent environmental degradation, including, but not limited to, careful |
| handling and containment of hazardous materials including, but not limited to, lead paint. |
| (e)(1) The department of labor and training shall enforce the provisions of this chapter. If |
| the director, or designee, determines that a violation of these provisions has occurred, the director, |
| or designee, shall order a hearing at a time and place to be specified, and shall give notice thereof, |
| together with a copy of the complaint or the purpose thereof, or a statement of the facts disclosed |
| upon investigation, which notice shall be served personally or by mail on any person, business, |
| corporation, or entity of any kind affected thereby. |
| (2) The person, business, corporation, or entity shall have an opportunity to be heard in |
| respect to the matters complained of at the time and place specified in the notice. The hearing shall |
| be conducted by the director, or designee. |
| (3) The hearing officer in the hearing shall be deemed to be acting in an administrative |
| capacity, and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The |
| enforcement of a subpoena issued under this section shall be regulated by civil practice law and the |
| rules of civil procedure. The hearing shall be expeditiously conducted and upon such hearing the |
| hearing officer shall determine the issues raised and shall make a determination and enter an order |
| within thirty (30) days of the close of the hearing, and forthwith serve a copy of the order, with a |
| notice of the filing, upon the parties to the proceeding, personally or by mail. |
| (4) The order shall dismiss the complaint or determine that a violation of the provisions of |
| this chapter occurred. The order shall represent a final action by the department of labor and |
| training. |
| (f) Any contractor or subcontractor determined to have violated the provisions of this |
| chapter shall be subject to a civil penalty of not less than one thousand five hundred dollars ($1,500) |
| and not greater than three thousand dollars ($3,000), and shall be subject to the revocation of any |
| relevant professional or occupational license, if the violation is deemed to have been intentional or |
| egregious. |
| (g) This section is applicable to all public works projects that fit the other criteria as |
| provided in this section. |
| SECTION 2. This act shall take effect upon passage. |
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| LC000085/SUB A |
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