2024 -- S 2234

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LC004545

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- CORROSION PREVENTION AND

MITIGATION WORK REQUIREMENTS

     Introduced By: Senator Dawn M. Euer

     Date Introduced: January 24, 2024

     Referred To: Senate Labor

     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 a judicial 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

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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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- CORROSION PREVENTION AND

MITIGATION WORK REQUIREMENTS

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     This act would give authority to the department of labor and training to enforce violations

of the laws relating to corrosion prevention and mitigation work requirements. This act would also

add civil monetary penalties for violations of those laws.

     This act would take effect upon passage.

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