October 01, 2020
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Senate Bill 0178

Senate Bill sb0178

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 178

    By Senator Wasserman Schultz





    34-191-04

  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.

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    Florida Senate - 2004                                   SB 178
    34-191-04




 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 that 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, 2004, nor does it apply to any construction that was begun,

20  or for which contracts have been signed, prior to October 1,

21  2004.

22         (4)  Notwithstanding subsection (1), the Department of

23  Environmental Protection may not enforce this section unless

24  the playground equipment is constructed or the decorative

25  mulch or groundcover is used on state land.

26         Section 2.  (1)  The Department of Education shall

27  annually notify school districts that wood likely to come in

28  contact with children which is treated with chromated copper

29  arsenate must be sealed every 2 years with a nontoxic sealant.

30  The department shall consult with the wood-treating industry,

31  the Department of Health, and the Department of Environmental

                                  2

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    Florida Senate - 2004                                   SB 178
    34-191-04




 1  Protection to develop guidelines on effective types of

 2  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 shall 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. Such retailer shall provide each

28  noncommercial purchaser of treated wood with the notice

29  specified in subsection (2).

30         (b)  A contractor or subcontractor engaged to construct

31  an improvement to a residential structure which will contain

                                  3

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    Florida Senate - 2004                                   SB 178
    34-191-04




 1  wood treated with arsenic, inorganic arsenic, or an arsenic

 2  copper combination such as chromated copper arsenate wood

 3  preservative or a product containing wood treated with any of

 4  these substances. Such contractor or subcontractor shall

 5  provide the owner of the structure and each nonowner resident

 6  with the notice specified in subsection (2).

 7         (2)  The notice required by this section must include

 8  the information guidelines developed by the United States

 9  Environmental Protection Agency for consumer purchases of wood

10  treated with chromated copper arsenate and language that

11  prominently states: "Urgent Notice: This wood is treated with

12  arsenic. If children are expected to come into contact with

13  this wood, you must seal this wood with a nontoxic sealant at

14  least once every 2 years."

15         (3)  A person who is required to provide this notice

16  and who fails to do so shall refund to the purchaser the full

17  cost of the treated wood or wood product.

18         Section 5.  There is appropriated from the General

19  Revenue Fund to the Department of Education the sum of

20  $250,000 for fiscal year 2004-2005 to provide grants to public

21  school districts and charter schools to help offset the costs

22  of sealing playground equipment made with wood treated with

23  chromated copper arsenate.

24         Section 6.  There is appropriated from the General

25  Revenue Fund to the Department of Environmental Protection the

26  sum of $250,000 for fiscal year 2004-2005 to provide grants to

27  private companies that treat wood with chromated copper

28  arsenate, to be used to convert operations to treat wood with

29  a preservative that does not contain arsenic.

30         Section 7.  This act shall take effect July 1, 2004.

31  

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    Florida Senate - 2004                                   SB 178
    34-191-04




 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, 2004. 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 to
      wood-treating companies for conversion from the use of
12    chromated copper arsenate to the use of preservatives
      that do not contain arsenic. Requires retailers and
13    contractors to provide notice to certain consumers of
      wood or wood products containing chromated copper
14    arsenate. Provides for refunds when such notice is not
      provided. Provides appropriations.
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