September 19, 2020
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_h0975__
HB 975

1
A bill to be entitled
2An act relating to reactive drywall; creating the
3Legislative Task Force on Reactive Drywall; providing for
4membership; requiring the task force to evaluate health
5risks, collect data, and make recommendations to the
6Governor and Legislature regarding reactive drywall;
7abolishing the task force on a certain date; requiring a
8person who inspects homes for corrosion of metals
9associated with reactive drywall to inspect certain items
10for corrosion; requiring a person who removes reactive
11drywall or corroded appliances to provide the homeowner
12with a remediation plan; requiring the remediation plan to
13provide for inspections after the removal of drywall;
14requiring a facility for the disposal of construction and
15demolition debris or a Class III landfill to develop a
16management plan to segregate or refuse to accept drywall;
17requiring a facility for the disposal of construction and
18demolition debris or a Class III landfill that accepts
19drywall to apply soil cover to the drywall at least
20weekly; requiring the Florida Building Commission to adopt
21rules limiting the amount of sulfur and strontium
22compounds that may be contained in drywall; providing an
23effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Legislative Task Force on Reactive Drywall.-
28     (1)  There is created the Legislative Task Force on
29Reactive Drywall, a task force as defined in s. 20.03, Florida
30Statutes.
31     (2)  The task force shall consist of the following ex
32officio members:
33     (a)  A representative of the Florida Building Commission,
34who 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
37Construction at the University of Florida, who shall be
38appointed by the president of the university.
39     (3)  The task force shall also consist of the following
40public members, appointed jointly by the President of the Senate
41and the Speaker of the House of Representatives:
42     (a)  A member having professional or occupational expertise
43in the building industry.
44     (b)  A member having professional expertise in the
45manufacturing of drywall.
46     (c)  A member having professional expertise in the banking
47industry.
48     (d)  A member who is a consumer advocate having experience
49in issues relating to reactive drywall.
50     (e)  A member who is the director of a county health
51department or a designee of the director from an area of the
52state affected by reactive drywall.
53     (f)  A member who is a physician having experience in
54respiratory diseases caused by industrial exposure.
55     (g)  A member who is a scientist having experience in
56environmental toxicology.
57     (h)  A member who is an attorney having experience in
58product liability litigation.
59     (i)  A member who is a home inspector or building inspector
60having experience in inspecting homes or buildings for reactive
61drywall.
62     (j)  A member who is a homeowner who has or had a home
63containing reactive drywall.
64     (k)  A member who is a code enforcement officer from a
65county that is heavily impacted by reactive drywall.
66     (l)  A member who is responsible for the operation of a
67landfill that accepts construction debris.
68     (m)  A member who is an officer of a property insurer
69having expertise in reactive drywall.
70     (n)  A member who is a realtor having expertise in the sale
71of homes or buildings containing reactive drywall.
72     (o)  A member who is a property appraiser or the property
73appraiser's designee from a county that is heavily impacted by
74reactive drywall.
75     (p)  A member who is an officer of a drywall manufacturer
76or other industry representative.
77
78The President of the Senate and the Speaker of the House of
79Representatives shall appoint all of the public members within
8045 days after this section takes effect.
81     (4)  The members of the task force shall designate one of
82the public members as the chair of the task force. The
83representative of the Florida Building Commission shall serve as
84vice chair. Members of the task force shall serve without
85compensation, but are entitled to reimbursement for per diem and
86travel expenses under s. 112.061, Florida Statutes.
87     (5)  The Office of Program Policy Analysis and Government
88Accountability shall provide administrative support to the task
89force.
90     (6)  The Legislative Task Force on Reactive Drywall is
91created to evaluate the health risks to property owners from the
92installation of reactive drywall and to develop a methodology to
93mitigate the impacts to property and public health resulting
94from the installation, removal, and remediation of structures in
95which the drywall was installed. The task force shall collect
96data, which shall include, but need not be limited to,
97statistics relating to the number of complaints filed regarding
98reactive drywall, the number of lawsuits filed against
99installers of reactive drywall, the number and types of health
100issues resulting from the use of reactive drywall, and the costs
101associated with remediation and repair of property contaminated
102by reactive drywall. The task force shall use the data to:
103     (a)  Recommend amendments to the Florida Building Code
104establishing standards for drywall content.
105     (b)  Develop a uniform remediation standard for use by
106property owners in repairing damage caused by the installation
107and removal of reactive drywall.
108     (c)  Develop a remediation and certification program having
109uniform standards for certification to be used by persons hired
110to remediate and repair damage to property. The task force shall
111consider for inclusion in the uniform standards existing
112methodologies that are used to repair and replace reactive
113drywall.
114     (d)  Develop a recommendation for the disposal of reactive
115drywall that is removed from damaged property.
116     (e)  Recommend new laws or rules relating to reactive
117drywall.
118     (7)  The task force shall hold its first meeting by August
11930, 2010, or within 60 days after this section takes effect,
120whichever is earlier, and shall complete its work by December
12131, 2010. The task force shall submit a detailed report of its
122findings and recommendations to the Governor, the President of
123the Senate, and the Speaker of the House of Representatives by
124February 1, 2011.
125     (8)  The Legislative Task Force on Reactive Drywall is
126abolished July 1, 2011.
127     Section 2.  Home inspection for corrosion of metals
128associated with reactive drywall.-A person who conducts a home
129inspection for corrosion of metals associated with reactive
130drywall must, at a minimum, inspect the air conditioning coil;
131electrical wiring, including fire alarm wiring; gas water heater
132and other gas-fueled appliances; and other appliances that are
133fixtures of the home.
134     Section 3.  Remediation planning for homes having drywall
135contaminated by sulfur or strontium compounds.-A contractor,
136engineer, or architect who removes drywall contaminated with
137sulfur or strontium compounds or appliances corroded by sulfur
138or strontium compounds must provide the homeowner with a
139remediation plan before commencing the remediation. The
140remediation plan must permit the person who owns or controls the
141property to have a home inspection to inspect electrical wiring,
142mechanical fixtures, appliances, or any system in which copper
143is a component and which could not be inspected before the
144removal of the reactive drywall.
145     Section 4.  Disposal of reactive drywall.-A facility for
146the disposal of construction and demolition debris or Class III
147landfill must develop a management plan to segregate or refuse
148to accept loads that are predominantly or exclusively drywall
149and direct such loads to a Class I landfill. A facility for the
150disposal of construction and demolition debris or Class III
151landfill that accepts loads that are predominantly or
152exclusively drywall must apply at least 6 inches of cover soil
153over the drywall at least weekly.
154     Section 5.  By January 1, 2012, the Florida Building
155Commission shall adopt rules establishing maximum amounts of
156sulfur and strontium compounds that may be contained in drywall.
157The rules shall limit the amount of sulfur and strontium
158compounds to levels that do not cause malodorous odors, adverse
159health effects, and corrosion of metals commonly used in
160buildings and appliances. In developing rules, the commission
161shall consider the recommendations of the Legislative Taskforce
162on Reactive Drywall.
163     Section 6.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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