An Act To Require Third-party Certification for Persons Undertaking Corrosion Prevention and Mitigation Projects for Public Water Supply and Wastewater Infrastructure and Bridges
Maine Legislature, Session 129, LD 2100
Committee: Transportation
Sponsors: JACKSON, GIDEON, LIBBY, VITELLI, FECTEAU, MOONEN
Amends: 22 MRSA §42, 23 MRSA §356

Legislative Document
No. 2100
S.P. 749
In Senate, February 11, 2020
An Act To Require Third-party Certification for Persons 
Undertaking Corrosion Prevention and Mitigation Projects for 
Public Water Supply and Wastewater Infrastructure and Bridges
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Transportation suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Speaker GIDEON of Freeport and
Senators: LIBBY of Androscoggin, VITELLI of Sagadahoc, Representatives: FECTEAU of 
Biddeford, McLEAN of Gorham, MOONEN of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §42, sub-§3-C is enacted to read:
3-C.  Corrosion prevention and mitigation; public water supply infrastructure 
and public wastewater infrastructure.  The department shall adopt rules governing 
corrosion prevention and mitigation methods for public water supply infrastructure and 
public wastewater infrastructure.  Rules adopted pursuant to this subsection must include, 
but are not limited to, establishing a process for ensuring that corrosion prevention and 
mitigation activities are carried out in accordance with established corrosion prevention 
and mitigation standards, requiring the use of personnel who are industry-trained and 
industry-certified in corrosion prevention and mitigation methods on any type of substrate 
or surface and requiring plans to prevent environmental degradation that might result 
from corrosion prevention and mitigation activities.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  23 MRSA §356 is enacted to read:
§356.  Corrosion prevention and mitigation; bridges
The Department of Transportation shall adopt rules governing corrosion prevention 
and mitigation methods for bridges wholly or partly under the control of the State.  Rules 
adopted pursuant to this subsection must include, but are not limited to, establishing a 
process for ensuring that corrosion prevention and mitigation activities are carried out in 
accordance with established corrosion prevention and mitigation standards, requiring the 
use of personnel who are industry-trained and industry-certified in corrosion prevention 
and mitigation methods on any type of substrate or surface and requiring plans to prevent 
environmental degradation that might result from corrosion prevention and mitigation 
activities.  Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A.
Sec. 3.  Rulemaking.  Rulemaking conducted pursuant to this Act is governed by 
this section.
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Corrosion" means the deterioration of a material, usually a metal or concrete, 
that results from a chemical or electrochemical reaction with its environment.
B.  "Corrosion prevention and mitigation" means:
(1)  The preparation, application, installation, removal and general maintenance 
as necessary of a protective coating system, including but not limited to:
(a) Surface preparation and coating application on the interior or exterior of 
the surface;
(b) Removal of a lead-based or other hazardous coating;
(c) Painting of structural steel fabricated for installation; and
(d) Installation of coatings and surfacing on concrete or other cementitious 
substrates; and
(2) With respect to bridges, any activities related to corrosion prevention, 
including cathodic protection, that in accordance with rules adopted pursuant to 
this Act must be performed by industry-trained and industry-certified personnel.
C.  "Corrosion prevention project" means corrosion prevention and mitigation 
activities performed during construction, alteration, maintenance or repair work or at 
any other time necessary on a bridge, public water supply infrastructure or public 
wastewater infrastructure.
D.  "Industry-trained and industry-certified" means:
(1)  Completion of, or current enrollment in for at least the entire duration of a 
corrosion prevention project, a state-certified apprenticeship training program 
that requires concurrent on-the-job training and classroom instruction for an 
individual to be considered adequately knowledgeable to perform corrosion 
prevention and mitigation activities; or
(2)  Confirmation from a corrosion prevention industry credentialing organization 
whose standards for corrosion prevention and mitigation meet state requirements 
that an individual is adequately trained to perform corrosion prevention and 
mitigation activities or conduct inspections.
E.  "Public wastewater infrastructure" means all mains, pipes and structures, intakes 
and cribs, pumping stations and treatment plants, collectively or severally, through 
which treated or untreated effluent, wastewater and storm water is collected, stored, 
treated, disposed of or distributed.
F.  "Public water supply infrastructure" means all mains, pipes and structures through 
which water is obtained and distributed to the public, including wells and well 
structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage 
tanks and appurtenances, collectively or severally, used or intended for use for the 
purpose of furnishing water for drinking or general domestic use in incorporated 
municipalities, unincorporated communities where 10 or more separate lots or 
properties are being served or intended to be served, state-owned parks and 
memorials and state-owned educational, charitable or penal institutions.
2.  Rulemaking. In adopting rules to implement the Maine Revised Statutes, Title 22, 
section 42, subsection 3-C and Title 23, section 356, the Department of Health and 
Human Services and the Department of Transportation, respectively, shall adopt rules 
that:
A.  Provide the same standards and requirements for corrosion prevention and 
mitigation methods as are established by the Society for Protective Coatings for its 
coating application specialist program; the National Association of Corrosion 
Engineers for its certified coating applicator program; and the National Association 
of Corrosion Engineers International Institute;
B.  Require the use of industry-trained and industry-certified personnel:
(1)  To perform corrosion prevention and mitigation activities on any type of 
substrate or surface; and
(2)  As inspectors to ensure best practices and standards are followed in corrosion 
prevention and mitigation projects; and
C.  For all corrosion prevention and mitigation projects require the development of a 
plan to prevent environmental degradation that might result from corrosion 
prevention and mitigation activities.
SUMMARY
This bill requires the adoption of rules by the Department of Health and Human 
Services and the Department of Transportation governing corrosion prevention and 
mitigation for bridges, public water supply infrastructure and public wastewater 
infrastructure.  Rules adopted pursuant to this legislation must include establishing a 
process for ensuring that corrosion prevention and mitigation activities are performed in 
accordance with established corrosion prevention and mitigation standards, requiring the 
use of personnel who are industry-trained and industry-certified in corrosion prevention 
and mitigation methods and requiring plans to prevent environmental degradation that 
might result from corrosion prevention and mitigation activities.