HB 1495 2003
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 which may be located
37	near 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 of any of them. The term does not include
41	funds 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	2003, nor does it apply to any construction that was begun, or
47	for which contracts have been signed, prior to October 1, 2003.
48	(4) Notwithstanding subsection (1), the Department of
49	Environmental Protection may not enforce the provisions of this
50	section unless the playground equipment is constructed, or the
51	decorative mulch or groundcover is used, on state land.
52	Section 2. (1) The Department of Education shall annually
53	notify school districts that wood that is likely to come in
54	contact with children, and that is treated with chromated copper
55	arsenate, must be sealed every 2 years with a nontoxic sealant.
56	The department shall consult with the wood treating industry,
57	the Department of Health, and the Department of Environmental
58	Protection to develop guidelines on effective types of sealants
59	and their 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 must 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, must provide each noncommercial purchaser of
85	treated wood with the notice specified in subsection (2).
86	(b) A contractor or subcontractor engaged to construct an
87	improvement to a residential structure which will contain wood
88	treated with arsenic, inorganic arsenic, or an arsenic copper
89	combination such as chromated copper arsenate wood preservative,
90	or a product containing wood treated with any of these
91	substances, must provide the owner of the structure and each
92	nonowner resident with the notice specified in subsection (2).
93	(2) The notice required by this section must include the
94	information guidelines developed by the United States
95	Environmental Protection Agency for consumer purchases of wood
96	treated with chromated copper arsenate, as well as language that
97	prominently states: "Urgent Notice: This wood is treated with
98	arsenic. If children are expected to come into contact with this
99	wood, you must seal this wood with a nontoxic sealant at least
100	once every 2 years."
101	(3) A person who is required to provide this notice and
102	who fails to do so shall refund to the purchaser the full cost
103	of the treated wood or wood product.
104	Section 5. There is appropriated from the General Revenue
105	Fund to the Department of Education the sum of $250,000 for
106	fiscal year 2003-2004 to provide grants to public school
107	districts and charter schools to help offset the costs of
108	sealing playground equipment made with wood treated with
109	chromated copper arsenate.
110	Section 6. There is appropriated from the General Revenue
111	Fund to the Department of Environmental Protection the sum of
112	$250,000 for fiscal year 2003-2004 to provide grants to private
113	companies that treat wood with chromated copper arsenate, to be
114	used to convert operations to treat wood with a preservative
115	that does not contain arsenic.
116	Section 7. This act shall take effect July 1, 2003.