HB 0365 2004
1	A bill to be entitled
2	An act relating to treated wood; prohibiting use of wood
3	products treated with chromated copper arsenate in
4	publicly funded playground equipment; providing
5	definitions; providing applicability; providing for
6	enforcement on state lands by the Department of
7	Environmental Protection; requiring the Department of
8	Education to provide notice to and develop guidelines for
9	school districts regarding the sealing of wood treated
10	with chromated copper arsenate; prohibiting state agencies
11	from purchasing wood treated with chromated copper
12	arsenate; providing exceptions; providing for grants for
13	conversion of wood-treating companies to operations using
14	preservatives that do not contain arsenic; specifying
15	persons who must provide notice to consumers of wood or
16	wood products containing chromated copper arsenate;
17	providing contents of such notice; providing a penalty for
18	failure to provide notice; providing appropriations;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. (1) The use of any wood product containing
24	chromated copper arsenate is prohibited in the construction of
25	any playground equipment and for use as decorative mulch or
26	groundcover associated with playground equipment for which
27	public funds are used.
28	(2) As used in this section, the term:
29	(a) "Playground equipment" means swings, slides, climbing
30	equipment, merry-go-rounds, seesaws, spring rockers,
31	trampolines, and other similar equipment intended for use
32	primarily by children and includes stairways, ramps, ladders,
33	handrails, platforms, guardrails, and protective barriers that
34	support, provide access to, or act as safety barriers for such
35	equipment. The term does not include buildings, docks, picnic
36	tables, and other associated structures that may be located near
37	playgrounds or adjacent recreation areas.
38	(b) "Public funds" means funds provided by the state, a
39	county, a municipality, a school district, or a special
40	district, or an agency thereof. The term does not include funds
41	provided by the Federal Government.
42	(3) This section applies only to construction of new
43	playground equipment and new placement of decorative mulch or
44	groundcover. This section does not apply to maintenance or
45	modification of equipment that was in place prior to October 1,
46	2004, nor does it apply to any construction that was begun, or
47	for which contracts have been signed, prior to October 1, 2004.
48	(4) Notwithstanding subsection (1), the Department of
49	Environmental Protection may not enforce this section unless the
50	playground equipment is constructed or the decorative mulch or
51	groundcover is used on state land.
52	Section 2. (1) The Department of Education shall annually
53	notify school districts that wood likely to come in contact with
54	children which is treated with chromated copper arsenate must be
55	sealed every 2 years with a nontoxic sealant. The department
56	shall consult with the wood-treating industry, the Department of
57	Health, and the Department of Environmental Protection to
58	develop guidelines on effective types of sealants and their
59	application.
60	(2) The department may provide grants to school districts
61	and charter schools to help offset the costs of sealing
62	playground equipment made with wood treated with chromated
63	copper arsenate as provided in subsection (1).
64	Section 3. (1) A state agency may not purchase wood
65	treated with chromated copper arsenate unless it can be shown
66	that there are no arsenic-free treated wood products
67	commercially available for a particular use, such as pilings
68	used in submerged applications, or that chemicals used in the
69	arsenic-free product pose an environmental threat to aquatic,
70	wetland, or other sensitive ecosystems.
71	(2) The Department of Environmental Protection may provide
72	grants to private companies that treat wood with chromated
73	copper arsenate, to be used to convert operations to treat wood
74	with a preservative that does not contain arsenic. The grants
75	may be used to offset the costs associated with the conversion,
76	including removal of arsenic-containing wood preservatives and
77	treatment residuals, equipment cleaning or modifications, and
78	labor costs.
79	Section 4. (1) The following persons shall provide notice
80	regarding the use of wood treated with chromated copper
81	arsenate:
82	(a) A retailer of wood treated with chromated copper
83	arsenate or a product containing wood treated with chromated
84	copper arsenate. Such retailer shall provide each noncommercial
85	purchaser of treated wood with the notice specified in
86	subsection (2).
87	(b) A contractor or subcontractor engaged to construct an
88	improvement to a residential structure which will contain wood
89	treated with arsenic, inorganic arsenic, or an arsenic copper
90	combination such as chromated copper arsenate wood preservative
91	or a product containing wood treated with any of these
92	substances. Such contractor or subcontractor shall provide the
93	owner of the structure and each nonowner resident with the
94	notice specified in subsection (2).
95	(2) The notice required by this section must include the
96	information guidelines developed by the United States
97	Environmental Protection Agency for consumer purchases of wood
98	treated with chromated copper arsenate and language that
99	prominently states: "Urgent Notice: This wood is treated with
100	arsenic. If children are expected to come into contact with this
101	wood, you must seal this wood with a nontoxic sealant at least
102	once every 2 years."
103	(3) A person who is required to provide the notice
104	specified in subsection (2) and who fails to do so shall refund
105	to the purchaser the full cost of the treated wood or wood
106	product.
107	Section 5. There is appropriated from the General Revenue
108	Fund to the Department of Education the sum of $250,000 for
109	fiscal year 2004-2005 to provide grants to public school
110	districts and charter schools to help offset the costs of
111	sealing playground equipment made with wood treated with
112	chromated copper arsenate.
113	Section 6. There is appropriated from the General Revenue
114	Fund to the Department of Environmental Protection the sum of
115	$250,000 for fiscal year 2004-2005 to provide grants to private
116	companies that treat wood with chromated copper arsenate, to be
117	used to convert operations to treat wood with a preservative
118	that does not contain arsenic.
119	Section 7. This act shall take effect July 1, 2004.