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.