Senate Bill sb0152
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 152
By Senator Wasserman Schultz
34-232-03
1 A bill to be entitled
2 An act relating to treated wood; prohibiting
3 use of wood products treated with chromated
4 copper arsenate in publicly funded playground
5 equipment; providing definitions; providing
6 applicability; providing for enforcement on
7 state lands by the Department of Environmental
8 Protection; requiring the Department of
9 Education to provide notice to and develop
10 guidelines for school districts regarding the
11 sealing of wood treated with chromated copper
12 arsenate; prohibiting state agencies from
13 purchasing wood treated with chromated copper
14 arsenate; providing exceptions; providing for
15 grants for conversion of wood treating
16 companies to operations using preservatives
17 that do not contain arsenic; specifying persons
18 who must provide notice to consumers of wood or
19 wood products containing chromated copper
20 arsenate; providing contents of such notice;
21 providing a penalty for failure to provide
22 notice; providing appropriations; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. (1) The use of any wood product containing
28 chromated copper arsenate is prohibited in the construction of
29 any playground equipment, and for use as decorative mulch or
30 groundcover associated with playground equipment, for which
31 public funds are used.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 152
34-232-03
1 (2) As used in this section, the term:
2 (a) "Playground equipment" means swings, slides,
3 climbing equipment, merry-go-rounds, seesaws, spring rockers,
4 trampolines, and other similar equipment intended for use
5 primarily by children and includes stairways, ramps, ladders,
6 handrails, platforms, guardrails, and protective barriers that
7 support, provide access to, or act as safety barriers for such
8 equipment. The term does not include buildings, docks, picnic
9 tables, and other associated structures which may be located
10 near playgrounds or adjacent recreation areas.
11 (b) "Public funds" means funds provided by the state,
12 a county, a municipality, a school district, or a special
13 district, or an agency of any of them. The term does not
14 include funds provided by the Federal Government.
15 (3) This section applies only to construction of new
16 playground equipment and new placement of decorative mulch or
17 groundcover. This section does not apply to maintenance or
18 modification of equipment that was in place prior to October
19 1, 2003, nor does it apply to any construction that was begun,
20 or for which contracts have been signed, prior to October 1,
21 2003.
22 (4) Notwithstanding subsection (1), the Department of
23 Environmental Protection may not enforce the provisions of
24 this section unless the playground equipment is constructed,
25 or the decorative mulch or groundcover is used, on state land.
26 Section 2. (1) The Department of Education shall
27 annually notify school districts that wood that is likely to
28 come in contact with children, and that is treated with
29 chromated copper arsenate, must be sealed every 2 years with a
30 nontoxic sealant. The department shall consult with the wood
31 treating industry, the Department of Health, and the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 152
34-232-03
1 Department of Environmental Protection to develop guidelines
2 on effective types of sealants and their application.
3 (2) The department may provide grants to school
4 districts and charter schools to help offset the costs of
5 sealing playground equipment made with wood treated with
6 chromated copper arsenate as provided in subsection (1).
7 Section 3. (1) A state agency may not purchase wood
8 treated with chromated copper arsenate unless it can be shown
9 that there are no arsenic-free treated wood products
10 commercially available for a particular use, such as pilings
11 used in submerged applications, or that chemicals used in the
12 arsenic-free product pose an environmental threat to aquatic,
13 wetland, or other sensitive ecosystems.
14 (2) The Department of Environmental Protection may
15 provide grants to private companies that treat wood with
16 chromated copper arsenate, to be used to convert operations to
17 treat wood with a preservative that does not contain arsenic.
18 The grants may be used to offset the costs associated with the
19 conversion, including removal of arsenic-containing wood
20 preservatives and treatment residuals, equipment cleaning or
21 modifications, and labor costs.
22 Section 4. (1) The following persons must provide
23 notice regarding the use of wood treated with chromated copper
24 arsenate:
25 (a) A retailer of wood treated with chromated copper
26 arsenate, or a product containing wood treated with chromated
27 copper arsenate, must provide each noncommercial purchaser of
28 treated wood with the notice specified in subsection (2).
29 (b) A contractor or subcontractor engaged to construct
30 an improvement to a residential structure which will contain
31 wood treated with arsenic, inorganic arsenic, or an arsenic
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 152
34-232-03
1 copper combination such as chromated copper arsenate wood
2 preservative, or a product containing wood treated with any of
3 these substances, must provide the owner of the structure and
4 each nonowner resident with the notice specified in subsection
5 (2).
6 (2) The notice required by this section must include
7 the information guidelines developed by the United States
8 Environmental Protection Agency for consumer purchases of wood
9 treated with chromated copper arsenate, as well as language
10 that prominently states: "Urgent Notice: This wood is treated
11 with arsenic. If children are expected to come into contact
12 with this wood, you must seal this wood with a nontoxic
13 sealant at least once every 2 years."
14 (3) A person who is required to provide this notice
15 and who fails to do so shall refund to the purchaser the full
16 cost of the treated wood or wood product.
17 Section 5. There is appropriated from the General
18 Revenue Fund to the Department of Education the sum of
19 $250,000 for fiscal year 2003-2004 to provide grants to public
20 school districts and charter schools to help offset the costs
21 of sealing playground equipment made with wood treated with
22 chromated copper arsenate.
23 Section 6. There is appropriated from the General
24 Revenue Fund to the Department of Environmental Protection the
25 sum of $250,000 for fiscal year 2003-2004 to provide grants to
26 private companies that treat wood with chromated copper
27 arsenate, to be used to convert operations to treat wood with
28 a preservative that does not contain arsenic.
29 Section 7. This act shall take effect July 1, 2003.
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 152
34-232-03
1 *****************************************
2 SENATE SUMMARY
3 Prohibits use of wood products treated with chromated
copper arsenate in publicly funded playground equipment,
4 and associated groundcovers, constructed or contracted
for on or after October 1, 2003. Provides for enforcement
5 on state lands by the Department of Environmental
Protection. Requires the Department of Education to
6 annually notify school districts that a nontoxic sealant
must be applied every 2 years to any such treated wood
7 that is likely to come into contact with children.
Provides for development of sealant application
8 guidelines by the Department of Education, in
consultation with the wood treating industry and the
9 Departments of Health and Environmental Protection.
Provides for grants to schools to offset the cost of
10 sealing playground equipment. Prohibits state agencies
from purchasing such treated wood for most applications,
11 and specifies exceptions. Provides for grants for
conversion of wood treating companies using chromated
12 copper arsenate to use of preservatives that do not
contain arsenic. Requires retailers and contractors to
13 provide notice to certain consumers of wood or wood
products containing chromated copper arsenate. Provides
14 for refunds when such notice is not provided. Provides
appropriations.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.