Bill Text: FL S1042 | 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 [S1042 Detail]
Download: Florida-2010-S1042-Introduced.html
Florida Senate - 2010 SB 1042 By Senator Aronberg 27-00392B-10 20101042__ 1 A bill to be entitled 2 An act relating to reactive drywall; requiring a 3 person who inspects homes for corrosion of metals 4 associated with reactive drywall to inspect certain 5 items for corrosion; requiring a person who removes 6 reactive drywall or corroded appliances to provide the 7 homeowner with a remediation plan; requiring the 8 remediation plan to provide for inspections after the 9 removal of drywall; requiring a facility for the 10 disposal of construction and demolition debris or a 11 Class III landfill to develop a management plan to 12 segregate or refuse to accept drywall; requiring a 13 facility for the disposal of construction and 14 demolition debris or a Class III landfill that accepts 15 drywall to apply soil cover to the drywall at least 16 weekly; requiring the Department of Business and 17 Professional Regulation to adopt rules to establish 18 minimum standards for home inspections of and 19 remediation planning for reactive drywall; requiring 20 the Department of Environmental Protection to adopt 21 rules regulating the disposal of reactive drywall and 22 items contaminated by reactive drywall in a landfill; 23 providing for the future repeal of statutory standards 24 for the inspection of homes for reactive drywall, 25 statutory standards for remediation planning for 26 reactive drywall, and statutory requirements for the 27 disposal of reactive drywall in a landfill; requiring 28 the Office of Program Policy Analysis and Government 29 Accountability to review provisions of the act before 30 repeal and issue a report of its findings and 31 recommendations to the Governor and Legislature; 32 providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Home inspection for corrosion of metals 37 associated with reactive drywall.—A person who conducts a home 38 inspection for corrosion of metals associated with reactive 39 drywall must, at a minimum, inspect the air conditioning coil; 40 electrical wiring, including fire alarm wiring; gas water heater 41 and other gas-fueled appliances; and other appliances that are 42 fixtures of the home. 43 Section 2. Remediation planning for homes having drywall 44 contaminated by sulfur or strontium compounds.—A contractor, 45 engineer, or architect who removes drywall contaminated with 46 sulfur or strontium compounds or appliances corroded by sulfur 47 or strontium compounds must provide the homeowner with a 48 remediation plan before commencing the remediation. The 49 remediation plan must permit the person who owns or controls the 50 property to have a home inspection to inspect electrical wiring, 51 mechanical fixtures, appliances, or any system in which copper 52 is a component and which could not be inspected before the 53 removal of the reactive drywall. 54 Section 3. Disposal of reactive drywall.—A facility for the 55 disposal of construction and demolition debris or Class III 56 landfill must develop a management plan to segregate or refuse 57 to accept loads that are predominantly or exclusively drywall 58 and direct such loads to a Class I landfill. A facility for the 59 disposal of construction and demolition debris or Class III 60 landfill that accepts loads that are predominantly or 61 exclusively drywall must apply at least 6 inches of cover soil 62 over the drywall at least weekly. 63 Section 4. Regulation of home inspections and remediation 64 planning for reactive drywall by rule.— 65 (1) The Department of Business and Professional Regulation 66 shall adopt rules that take effect July 1, 2011, and establish 67 minimum standards for the inspection of homes for reactive 68 drywall and minimum standards for remediation planning for the 69 removal of reactive drywall from homes. 70 (2) The standards for home inspections must specify the 71 minimum: 72 (a) Acceptable testing methods for the presence of reactive 73 drywall and the components or materials in a home which must be 74 inspected; 75 (b) Acceptable testing methods necessary during and after 76 remediation, if any; and 77 (c) Qualifications in terms of education, training, and 78 experience of a person who conducts inspections. 79 (3) The standards for remediation planning shall specify 80 the minimum: 81 (a) Qualifications in terms of education, training, and 82 experience of a person who prepares remediation plans; 83 (b) Fixtures and other contents of a home which must be 84 disposed of in order to successfully remediate a home; 85 (c) Contents of a home which must be removed while a 86 remediation is occurring; 87 (d) Safety equipment and procedures necessary to protect 88 workers from exposure to harmful gases emitted by reactive 89 drywall and drywall dust; and 90 (e) Extent to which a remediation plan must provide for 91 inspections for reactive drywall during and after a remediation. 92 (4) The rules must also identify fixtures, materials, or 93 other contents of a home which generally do not need to be 94 disposed of in order to remediate a home. 95 Section 5. Regulation of the disposal of reactive drywall 96 by rule.—The Department of Environmental Protection shall adopt 97 rules that take effect July 1, 2011, and regulate the disposal 98 of reactive drywall in landfills. The rules must specify: 99 (1) Procedures that must be followed by a landfill and 100 information that must be provided to landfills by persons 101 delivering construction and demolition debris known to contain 102 reactive drywall or other items or materials contaminated by 103 reactive drywall; 104 (2) Procedures that must be followed by a landfill to 105 minimize the potential of noxious odors emanated by reactive 106 drywall to affect persons outside the landfill; and 107 (3) The classes of landfills which may accept reactive 108 drywall or other items or materials contaminated by reactive 109 drywall. 110 Section 6. (1) Sections 1, 2, and 3 of this act expire July 111 1, 2011. 112 (2) The Office of Program Policy and Analysis and 113 Government Accountability shall review sections 1, 2, and 3 of 114 this act and provide a report of its findings and 115 recommendations to the Governor, the President of the Senate, 116 and the Speaker of the House of Representatives before January 117 1, 2011. The report must specifically address whether sections 118 1, 2, or 3 of this act should be modified or saved from repeal 119 and any other statutory changes that are necessary to protect 120 consumers from reactive drywall. 121 Section 7. This act shall take effect July 1, 2010.
