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.