II 110th CONGRESS 2d Session S. 3319 IN THE SENATE OF THE UNITED STATES July 23, 2008 Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 23, United States Code, to require corrosion mitigation and prevention plans for bridges receiving Federal funding, and for other purposes.

1.

Short title

This Act may be cited as the Bridge Life Extension Act of 2008.

2.

Findings

Congress finds that— (1)corrosion of highway bridges costs the United States economy $8,300,000,000 each year, according to the Federal Highway Administration report numbered FHWA–RD–01–157 that was submitted to Congress in 2002; (2)the ongoing cost of corrosion on United States highway bridges represents a needless waste of taxpayer dollars; (3)1/3 of the ongoing cost of corrosion on United States highway bridges would be saved if existing, fully-developed corrosion prevention technologies were applied to bridge decks and bridge deck substructures; (4)the application of corrosion technologies to United States highway bridges is necessary, but currently underused; and (5)the application of corrosion prevention strategies should be required in the design and rehabilitation of bridge structures that use Federal funding and the development of new corrosion prevention technologies should be encouraged.

3.

Corrosion mitigation and prevention plans for bridges receiving Federal funding

(a)

In general

Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following:

150.

Corrosion mitigation and prevention plans

(a)

Definition of corrosion expert

In this section, the term corrosion expert means an individual who is— (1)accredited or certified as being qualified by an international technical society dedicated to the mitigation and prevention of corrosion; or (2)a registered professional engineer who has certification or licensing that includes education and experience in corrosion prevention and control of bridges. (b)

Submission of plans

The Secretary may approve Federal assistance for a project for construction of a bridge using amounts apportioned under section 104(b)(1) or 104(b)(3) or a project for replacement or rehabilitation of a bridge under section 144 only if— (1)the 1 or more States applying for the assistance develop and submit to the Secretary a corrosion mitigation and prevention plan for the bridge; and (2)the Secretary approves the plan. (c)

Plan requirements

The Secretary may approve a corrosion mitigation and prevention plan for a bridge submitted under subsection (b) only if the plan contains, at a minimum, the following: (1)An estimate of the expected useful life of the bridge. (2)An estimate of the environmental exposure of the bridge, including marine, industrial, and rural exposure or location, deicer application, rainfall, temperature, freeze-thaw, and other factors that influence corrosion prevention and corrosion mitigation strategies. (3)An identification of the functional classification of the bridge. (4)Details of corrosion mitigation and prevention methods that will be used with respect to the bridge, taking into account— (A)material selection; (B)coating considerations; (C)cathodic protection considerations; (D)design considerations for corrosion; and (E)concrete requirements. (5)Details of a project maintenance program for the life of the bridge. (6)A certification that the plan was developed by the 1 or more States submitting the plan and approved by a corrosion expert. (7)A certification that each individual conducting inspections of Federal-aid highway bridges in each State submitting the plan receives training from a corrosion expert. (d)

Approval and disapproval

(1)

In general

The Secretary shall approve or disapprove each corrosion mitigation and prevention plan submitted under subsection (b). (2)

Action upon disapproval

If the Secretary disapproves a plan, the Secretary shall— (A)inform each State that submitted the plan of the reasons for the disapproval; and (B)permit each of those States to resubmit the plan with such modifications as the Secretary determines to be necessary. (e)

Modifications following plan approval

The 1 or more States submitting a corrosion mitigation and prevention plan approved under subsection (d) may modify the plan to incorporate newly developed corrosion prevention techniques, methods, applications, and best practices if the 1 or more States provide advance written notice of the modification to the Secretary. (f)

Applicability

(1)

In general

This section shall take effect beginning on the first day of the second fiscal year beginning after the date of enactment of this section. (2)

Waivers

Notwithstanding paragraph (1), the Secretary may waive the application of requirements of this section with respect to a bridge for the 180-day period beginning on the first day referred to in paragraph (1) if— (A)a corrosion mitigation and prevention plan has been submitted for the bridge before that first day; and (B)the Secretary determines that such a waiver is appropriate. (g)

Funding

Funds made available to a State under sections 104(b)(1), 104(b)(3), and 144 may be used by the State for activities to comply with this section.

. (b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following: 150. Corrosion mitigation and prevention plans. .