Bill Text: FL S1044 | 2010 | Regular Session | Introduced
Bill Title: Reactive Drywall [CPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Regulated Industries [S1044 Detail]
Download: Florida-2010-S1044-Introduced.html
Florida Senate - 2010 SB 1044 By Senator Aronberg 27-00337B-10 20101044__ 1 A bill to be entitled 2 An act relating to reactive drywall; creating the 3 Legislative Task Force on Reactive Drywall; providing 4 for membership; requiring the task force to evaluate 5 health risks, collect data, and make recommendations 6 to the Governor and Legislature regarding reactive 7 drywall; abolishing the task force on a certain date; 8 requiring a person who inspects homes for corrosion of 9 metals associated with reactive drywall to inspect 10 certain items for corrosion; requiring a person who 11 removes reactive drywall or corroded appliances to 12 provide the homeowner with a remediation plan; 13 requiring the remediation plan to provide for 14 inspections after the removal of drywall; requiring a 15 facility for the disposal of construction and 16 demolition debris or a Class III landfill to develop a 17 management plan to segregate or refuse to accept 18 drywall; requiring a facility for the disposal of 19 construction and demolition debris or a Class III 20 landfill that accepts drywall to apply soil cover to 21 the drywall at least weekly; requiring the Florida 22 Building Commission to adopt rules limiting the amount 23 of sulfur and strontium compounds that may be 24 contained in drywall; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Legislative Task Force on Reactive Drywall.— 29 (1) There is created the Legislative Task Force on Reactive 30 Drywall, a task force as defined in s. 20.03, Florida Statutes. 31 (2) The task force shall consist of the following ex 32 officio members: 33 (a) A representative of the Florida Building Commission, 34 who shall be appointed by the Secretary of Community Affairs. 35 (b) The State Surgeon General or his or her designee. 36 (c) A representative of the Rinker School of Building 37 Construction at the University of Florida, who shall be 38 appointed by the president of the university. 39 (3) The task force shall also consist of the following 40 public members, appointed jointly by the President of the Senate 41 and the Speaker of the House of Representatives: 42 (a) A member having professional or occupational expertise 43 in the building industry. 44 (b) A member having professional expertise in the 45 manufacturing of drywall. 46 (c) A member having professional expertise in the banking 47 industry. 48 (d) A member who is a consumer advocate having experience 49 in issues relating to reactive drywall. 50 (e) A member who is the director of a county health 51 department or a designee of the director from an area of the 52 state affected by reactive drywall. 53 (f) A member who is a physician having experience in 54 respiratory diseases caused by industrial exposure. 55 (g) A member who is a scientist having experience in 56 environmental toxicology. 57 (h) A member who is an attorney having experience in 58 product liability litigation. 59 (i) A member who is a home inspector or building inspector 60 having experience in inspecting homes or buildings for reactive 61 drywall. 62 (j) A member who is a homeowner who has or had a home 63 containing reactive drywall. 64 (k) A member who is a code enforcement officer from a 65 county that is heavily impacted by reactive drywall. 66 (l) A member who is responsible for the operation of a 67 landfill that accepts construction debris. 68 (m) A member who is an officer of a property insurer having 69 expertise in reactive drywall. 70 (n) A member who is a realtor having expertise in the sale 71 of homes or buildings containing reactive drywall. 72 (o) A member who is a property appraiser or the property 73 appraiser’s designee from a county that is heavily impacted by 74 reactive drywall. 75 (p) A member who is an officer of a drywall manufacturer or 76 other industry representative. 77 78 The President of the Senate and the Speaker of the House of 79 Representatives shall appoint all of the public members within 80 45 days after this section takes effect. 81 (4) The members of the task force shall designate one of 82 the public members as the chair of the task force. The 83 representative of the Florida Building Commission shall serve as 84 vice chair. Members of the task force shall serve without 85 compensation, but are entitled to reimbursement for per diem and 86 travel expenses under s. 112.061, Florida Statutes. 87 (5) The Office of Program Policy Analysis and Government 88 Accountability shall provide administrative support to the task 89 force. 90 (6) The Legislative Task Force on Reactive Drywall is 91 created to evaluate the health risks to property owners from the 92 installation of reactive drywall and to develop a methodology to 93 mitigate the impacts to property and public health resulting 94 from the installation, removal, and remediation of structures in 95 which the drywall was installed. The task force shall collect 96 data, which shall include, but need not be limited to, 97 statistics relating to the number of complaints filed regarding 98 reactive drywall, the number of lawsuits filed against 99 installers of reactive drywall, the number and types of health 100 issues resulting from the use of reactive drywall, and the costs 101 associated with remediation and repair of property contaminated 102 by reactive drywall. The task force shall use the data to: 103 (a) Recommend amendments to the Florida Building Code 104 establishing standards for drywall content. 105 (b) Develop a uniform remediation standard for use by 106 property owners in repairing damage caused by the installation 107 and removal of reactive drywall. 108 (c) Develop a remediation and certification program having 109 uniform standards for certification to be used by persons hired 110 to remediate and repair damage to property. The task force shall 111 consider for inclusion in the uniform standards existing 112 methodologies that are used to repair and replace reactive 113 drywall. 114 (d) Develop a recommendation for the disposal of reactive 115 drywall that is removed from damaged property. 116 (e) Recommend new laws or rules relating to reactive 117 drywall. 118 (7) The task force shall hold its first meeting by August 119 30, 2010, or within 60 days after this section takes effect, 120 whichever is earlier, and shall complete its work by December 121 31, 2010. The task force shall submit a detailed report of its 122 findings and recommendations to the Governor, the President of 123 the Senate, and the Speaker of the House of Representatives by 124 February 1, 2011. 125 (8) The Legislative Task Force on Reactive Drywall is 126 abolished July 1, 2011. 127 Section 2. Home inspection for corrosion of metals 128 associated with reactive drywall.—A person who conducts a home 129 inspection for corrosion of metals associated with reactive 130 drywall must, at a minimum, inspect the air conditioning coil; 131 electrical wiring, including fire alarm wiring; gas water heater 132 and other gas-fueled appliances; and other appliances that are 133 fixtures of the home. 134 Section 3. Remediation planning for homes having drywall 135 contaminated by sulfur or strontium compounds.—A contractor, 136 engineer, or architect who removes drywall contaminated with 137 sulfur or strontium compounds or appliances corroded by sulfur 138 or strontium compounds must provide the homeowner with a 139 remediation plan before commencing the remediation. The 140 remediation plan must permit the person who owns or controls the 141 property to have a home inspection to inspect electrical wiring, 142 mechanical fixtures, appliances, or any system in which copper 143 is a component and which could not be inspected before the 144 removal of the reactive drywall. 145 Section 4. Disposal of reactive drywall.—A facility for the 146 disposal of construction and demolition debris or Class III 147 landfill must develop a management plan to segregate or refuse 148 to accept loads that are predominantly or exclusively drywall 149 and direct such loads to a Class I landfill. A facility for the 150 disposal of construction and demolition debris or Class III 151 landfill that accepts loads that are predominantly or 152 exclusively drywall must apply at least 6 inches of cover soil 153 over the drywall at least weekly. 154 Section 5. By January 1, 2012, the Florida Building 155 Commission shall adopt rules establishing maximum amounts of 156 sulfur and strontium compounds that may be contained in drywall. 157 The rules shall limit the amount of sulfur and strontium 158 compounds to levels that do not cause malodorous odors, adverse 159 health effects, and corrosion of metals commonly used in 160 buildings and appliances. In developing rules, the commission 161 shall consider the recommendations of the Legislative Taskforce 162 on Reactive Drywall. 163 Section 6. This act shall take effect upon becoming a law.
