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HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_11/8/2001 (2) ( Y gpi � - • '• grREg'• :' 8 N 150 9�4 l / . - PA: ;W _1 m %. • 1\\<1 \r/ tiC) VACOIL./1 ALOSID®••'' w �� adt•Z \&YlgAiti(1 Florida House of Representatives - -"" "'Xk Representative Larry Crow e// District 49 ,,r(V\A-1\ Reply to: Committees: ❑ 2432 Bayshore Boulevard ( 2/J12_7 Judicial Oversight,Chair Dunedin,Florida 34698 / " House Reapportionment,Co-Chair (727)298-1674 Fiscal Responsibility Council ❑ 402 South Monroe Street Osi Procedural&Redistricting Council 313 House Office Building `=� Council for Smarter Government Tallahassee,Florida 32399-1300 ` Joint Legislative Committee on Article V (850)488-9240 October 2,,2001:• . ..:... .. . Mayor Geraldine A. Genco P.O. Box 3273 Tequesta, FL 33469-0273 RE: House Bill 113 Dear Mayor Genco: I am writing this letter to you and all mayors in the State of Florida concerning the above referenced bill. As chairman of the Judiciary Committee in Tallahassee which has jurisdiction over children and family law, I became aware last year that there is a substantial issue concerning the use of lumber containing arsenic compounds, known in Florida as CCA treated wood. As you know, many of our children's playgrounds are constructed of this material and we have now found out that the arsenic in the wood leaches out in the soil over the years and creates vastly increased toxic levels of arsenic in the soil. As a father of two young children who enjoy playing on playgrounds, I was immediately concerned in that I know that children play in the dirt, eat the dirt, get dirt in their ears , eyes, noses etc. As such, I believe that we need to remedy the prospective problem now. I have proposed the above referenced bill:which would prospectively ban the use of CCA materials in publicly funded playgrounds, provide a consumer notification concerning CCA treated wood, and also provide an appropriation to assist the industry to switch to non CCA treating methods and sealing and money to help the school boards seal any existing playgrounds. I know that your municipals may,be facing this problem and hereby elicit your support. Itis not until we have a.clear , statement from the State of Florida concerning Florida's position on this wood that it will be brought to the forefront with consumers. Therefore it is critically import that we act on this bill now and I need your help in this regard. I have enclosed herewith the copy of the bill, aloi.g with several newspaper articles which basically frame the debate. I would ask that if you believe in this bill to be reasonable that you bring it up in front of your local city commission and consider a resolution in support of same. This resolution could then be given to your local legislative delegation so that they know there is grass root's support for this idea in Tallahassee these actions will greatly enhance my chances of passing the bill in January. Thank you very much for your consideration of this matter and please do not hesitate to call me if I may be of further assistance on this matter. Very truly yours, Chairman Judicial Oversight Committee • //3 • 568-187-02 1 A bill to be entitled 2 An act relating to treated w prohibiting 3 use of wood products trea -A�ith chrom ated 4 copper arsenate in pub • funded playground 5 equipment; providing • nitions providing • ; p 6 applicability; pro • ng for enforcement on 7 state lands by Department of Environmental 8 Protection; req N ing 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 cop per 12 arsenate; prohibiting state agencies from 13 purchasing wood treated with chromated cop per 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 cop per 20 arsenate; providing contents of such notice; 21 providing a penalty for failure to provide 22 notice; providing approprliations ; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 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. 1 CODING: Words stricken are deletions; words underlined are additions . 568-187-02 1 (1 ) For purposes of this section, "playground 2 equipment" means swings, slides, climbing equipment, 3 merry-go-rounds, seesaws, spring rockers, trampolines, and 4 other similar equipment intended for use primarily by children 5 and includes stairways, ramps, ladders, handrails, platforms, 6 guardrails, and protective barriers that support, provide 7 access to, or act as safety barriers for such equipment. The 8 term does not include buildings, docks, picnic tables, and 9 other associated structures which may be located near 10 playgrounds or adjacent recreation areas . 11 (2) For purposes of this section, the term "public 12 funds" means funds provided by the state, a county, a 13 municipality, a school district, or a special district, or an 14 agency of any of them. The term does not include funds 15 provided by the Federal Government. 16 (3) This section applies' only to construction of new 17 playground equipment and new placement of decorative mulch or 18 groundcover. It does not apply to maintenance or modification 19 of equipment which was in place prior to October 1 , 2002, nor 20 does it apply to any construction ;glitch was begun, or for 21 which contracts have been signed, prior to October 1 , 2002 . 22 (4) Notwithstanding the provisions of subsections (1 ) 23 and (2) , the Department of Environmental Protection shall not 24 have the authority to enforce the provisions of this section 25 unless the playground ecuipment is constructed, or the 26 decorative mulch or groundcover is used, on state land. 27 Section 2 . (1 ) The Department of Education shall give 28 annual notice to school districts that wood which is likely to 29 come in contact with children, and which is treated with 30 chromated copper arsenate, must be sealed every 2 years with a 31 nontoxic sealant. The department shall consult with the wood 2 CODING: Words stricken are deletions ; words underlined are additions . 568-187-02 ' 1 treating industry, the Department of Health, and the 2 Department of . Environmental Protection to develop guidelines 3 on effective types of sealants and their application. 4 (2) The department is authorized to provide grants to 5 school districts and charter schools to help offset the costs 6 of sealing playground equipment made with wood treated with 7 chromated copper arsenate as provided in subsection (1 ) . 8 Section 3 . (1 ) No state agency may purchase wood 9 treated with chromated copper arsenate unless it can be shown 10 that there are no arsenic-free treated wood products 11 commercially available for a particular use, such as pilings 12 used in submerged applications, or that chemicals used in the 13 arsenic-free product pose an environmental threat to aquatic, 14 wetland, or other sensitive ecosystems. 15 (2) The Department of Environmental Protection is 16 authorized to provide grants to private companies that treat 17 wood with chromated copper arsenate, to be used to convert 18 o erations to treat wood with a preservative that does not 19 contain arsenic. The rants ma be used to offset the costs 20 associated with the conversion includin removal of 21 arsenic-containing wood preservatives and treatment residuals, 22 equipment cleaning or modifications, and labor costs . 23 Section 4 . (1 ) The following persons must provide 24 notice regarding the use of wooditreated with chromated copper 25 arsenate: 26 (a) A retailer of wood treated with chromated copper 27 arsenate, or a product containing wood treated with chromated 28 copper arsenate, must provide each noncommercial purchaser of 29 treated wood with the notice specified in subsection (2) . 30 (b) A contractor or subcontractor engaged to construct 31 an improvement to a residential structure which will contain 3 CODING: Words stricken are deletions; words underlined are additions . _ r . 568-187-02 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, must provide the owner of the structure, and 5 the resident if different, with the notice specified in 6 subsection (2) . 7 (2) The notice required by this section shall 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, as well as language 11 which prominently states : "Urgent Notice: This wood is treated 12 with arsenic. If children are expected to come into contact 13 with this wood, you must seal this wood with a nontoxic 14 sealant at least once every 2 years . " 15 (3) A person who is obligated 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 hereby appropriated from the 19 General Revenue Fund to the Department of Education the sum of 20 $250, 000 for fiscal year 2002-2003 ta-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 hereby appropriated from the 25 General Revenue Fund to the Department of Environmental 26 Protection the sum of $250, 000 for fiscal year 2002-2003 to 27 provide grants to private companies which treat wood with 28 chromated copper arsenate, to be used to convert operations to 29 treat wood with a preservative that does not contain arsenic. 30 Section 7 . This act shall take effect July 1 , 2002 . 31 4 CODING: Words stricken are deletions; words underlined are additions . • • -' • 568-1 87-02 1 ***************************************** 2 HOUSE SUMMARY 3 4 Prohibits use of wood products treated with chromated 5 copper arsenate in publicly funded playground equipment, 6 and associated groundcovers, constructed or contracted 7 for on or after October 1 , 2002 . Provides for enforcement 8 on state lands by the Department of Environmental 9 Protection. Requires the Department of Education to 10 annually notify school districts that a nontoxic sealant 11 must be applied every 2 years to any such treated wood 12 that is likely to come into contact with children. 13 Provides for development of sealant application 14 guidelines by the Department of Education, in 15 consultation with the wood treating industry and the 16 Departments of Health and Environmental Protection. 17 Provides for grants to schools to offset the cost of 18 sealing playground equipment. Prohibits state agencies 19 from purchasing such treated woqd for most applications, 20 and specifies exceptions . Provides for grants for 21 conversion of wood treating companies using chromated 22 copper arsenate to use of preservatives that do not 23 contain arsenic. Requires retailers and contractors to 24 provide notice to certain consumers of wood or wood 25 products containing chromated copper arsenate. Provides 26 for refunds yvhen such notice is not provided. Provides 27 appropriations . 28 29 30 31 5 CODINGi Words stricken are deletions ; words underlined are additions . f • THE NEWS-JOURNgL Thursday,March 29,2001 • • Arsenic and lace young Jad mix on rou la p yg nds Arsenic is a dangerous play- mate for children. EDITORIALS Yet children all over the state are using arsenic-laced play- Consumers aren't getting the thou.und equipment that may poison, message. Many users Wood pressure-treated with arsenic around the state— including has been used for years to construct playgrounds, usually with little park systems in this area— thought about the potentially deadly seem to believe, wrongly, effect on children who touch it or the that only extended contact ground it's on. Florida has even been with CCA-treated wood is making its own pressure-treated lum- ber at a plant in Raiford,southwest of dangerous. Jacksonville, widely using it in state • parks, for highway guardrails and other applications. The wood is val. sonville, Tarpon Springs and Tampa ued for its resistance to moisture, ter- all have turned up amounts of arse- mites and flings. But that use comes nic far above safe levels. - with an unacceptable risk. As a result of recent publicity The danger from wood treated about the danger, Port Orange offs • - with CCA—chromated copper arse- cials have conducted soil tests at the nate — has been known for years. All Children's Playground on Spruce The Environmental Protection Agen Creek Road and are awaiting results. cy considered banning CCA-treated Other area cities have not been so wood nearly two decades ago,but in- quick to respond. stead allowed the lumber industry to To,begin to reduce the risk, Gov. conduct a voluntary• consumer, Jeb Bush already has ordered the awareness program. Users are sup; state's wood-treatment plant to posed to be warned to wear dust switch to other preservatives. But masks while they're sanding or saw- the only real solution is for the EPA frig it,and to wash their clothing and to finally step in and follow the lead hands after handling it. of many other countries that already ;Like with many industry-support.. have banned CCA-treated wood. eti voluntary•compliance efforts — Until that happens, Volusia and consumers aren't getting the mes= Flagler officials ought to survey the sage. Many users around the state— soils wherever •the contaminated including park systems in this area wood has been used, particularly in —+seem to believe only extended con- playgrounds and picnic areas. Sim- t ct with CCA-treated wood is dan- ply replacing the old wood equip- gerous. -And they apparently don't ment with new,as the Volusia school know the Consumer Product Safety district has been doing, doesn't get Cpmmission long ago warned that rid of what already may be in the sealants_ don't' keep arsenic from soil. Officials in both counties also leaching to the surface of the wood should be warning residents about and into the ground. decks, playground equipment,fences In reality, researchers at the Uni' and improvements they have con- versity of Florida and the University structed themselves. Some, especial- of Miami discovered two years ago ly parents with small children, may that arsenic is •getting into the want to have their own property ground all over Florida, sometimes tested. reaching amounts far higher than The danger from CCA-treated the state allows in industrial cleanup wood already has been allowed to sites. More recent playground and lurk near children far too long. It's park soil tests in Gainesville, Jack- nothing to play with. States Touching treated wood may pose risk Page 1 of 5 ' • fit 4:1etergbut gj In.c ON LI N E STATE Al YM...:- k T Calendars Classified Forums Sports , Weather Yellow Pages 2000:.The Year 'in Review _�E•mait this story Print this story sptimes.com Text-only. Lucy Morgan NM ���`� Touching�..~.. ra treated wood may pose risk ri .. ,see Normal contact with the wood used for :• where the y lightning :rrr?" "=a : ,, playgrounds can give kids unacceptable , ; ,ir? � t" doses of arsenic, an expert hired by the Strikes are. WRAWl4s 44y,0 state says. � 5`i`�i Flip for the BU t *T114_;i" By .JULIE I1AUSERMAN • NEWS STAT§ita0,its�t if L.i sl, �r 0.. Mapii'�`';' © St. Petersburg Times, published April 18, 2001 ,w • rr..� • •Wailinfl s �f _ .. .. mpial rAwl TALLAHASSEE -- A scientific expert hired by the 1. ,fr, t. , ,4, state is sounding an alarm about pressure-treated wood, `Faffl „� a f saying that children could get enough arsenic on their • Y I2w•Page4 i.: `1, hands from touching treated wood playgrounds and '" ' '" Ci#'y.CQlil News Sections decks to pose a health risk. om the Action From the Times arts IAThe expert, University of Florida researcher Steve state desk Entertainment playgrounds • Roberts, says the state should encourageBill expands AP The Wire g to disabled vouchers Business switch to other materials, or choose wood that's treated • Bill would create Citrus County with an arsenic-free preservative. dads' registry Columnists • NAACP, 46 Floridian "Despite the fact that the risks can vary, . . . we should prison guards Hernando County be concerned about unrestricted contact with CCA claim harassment, Letters wood," Roberts wrote in a draft report commissioned racism, retaliation Obituaries by the Florida Department of Environmental Protection. • Touching Opinion treated wood may se risk Pasco County Normal contact with the wood can give children arsenic •o'It's food, drink Sports doses "high enough to be unacceptable from a health and injections' state protection standpoint," Roberts wrote. • Tampa Bay Bills place World R Nafinrt rr Florida Bar in "'" a ��•�•• ".r,�-� •� state's cross hairs http:/hv«w.sptimcs.com!Nc\\.s!041801/Statc/'I'ouching_lrcated_wood.shtml a!1 Pint State:Crouching treated wood may pose risk Page 2 of 5 {{ t t1J WC 1UUK ill t11C UM; JU111C U1 MCC MLitt JUggcsts rlt�6�+ol.ir local� not a problem, and some of the data suggests r_.0s section there's • Legislature 2001 t,Y o,.yiwo there is," Roberts said in an interview Tuesday. "Until ' Around the state R e ' ; we have a better handle on this, it would make sense to ' McKay signals �Ierhe Garaeri Zs c tM ,'r c reduce exposure." some flexibility on t pear ' P i .. y4P 6 tax cuts tPAstt t �` r s;; • Error Most pressure-treated lumber is infused with chromated underestimates �syP O�°��> i copper arsenate, or CCA, a pesticide that contains arsenic risk olog.g arsenic. jy ,tard • Arsenic facts and tips 044,VO At. =z 9` Roberts also suggests coating existing treated wood with a sealant, even though it's debatable whether that From the wire SPocfal Sections keeps arsenic from leaching out. The state of California Arena FB(Storm) requires that all public treated-wood playgrounds be Buccaneers Devil Rays sealed, and Minnesota is trying to pass a similar law. • Fed Lightning Unexpectedly Cuts Mutiny Roberts' findings could set up a new battleground Rates Neighborhood between state regulators and lire • wood-treatment ' Dow Jones Up 409 Times industry, which says pressure-treated lumber is safe. 163' Nasdaq Rises North of Tampa Ongoing stories The findings also could affect dozens of wooden •• tandst ll Talks S at Sta Police report ndstill Schools playgrounds around the state -- in parks, day care • Palestinians Say Seniority centers and schools. Israel Enters Gaza Special reports „ • Burundi stocks Clearly," • said DFP Secretary David Struhs, "this is President Web specials going to force a lot of people to re-evaluate how we Removed From • Power .,1,w,w: uiq t; manage the risk. The scientific work that's being done „x ii here has raised questions all over the state -- and the N.C. District olds � h yA} ; �,� 1ZS� �k2 �Ii. �. ' p v, . country." )tr t;~�'A,'y'4.4, • AOL Revenues, A ,�� 4, ; 4xzCash Earnings "As we go forward, we're not going to use any more of Rise 1;4 1r0 3'' ' '4': this wood on state parks. Eventually, it will all be • Devil Rays Fire 'j� r4 kx,r..,<,y,fri replaced. We have to figure out what we're going to do g Manager 'u;` ` � t; with the wood that's already out there." Rothschild rwabt :a. , Roberts' study for the I)EP didn't address the risk posed contact us when children play in soil near playgrounds with treated All Departments wood. Instead, he was paid by the state to review other studies that estimate how much arsenic kids might be exposed to when they touch the wood. lie reviewed studies by government agencies in California, Connecticut and Washington, D.C., and found that kids can pick up significant levels of arsenic by touching the wood. Long-term exposure to arsenic can cause cancer. But Roberts looked at the risk for other health problems that arsenic can cause, including rashes, skin lesions, neurological problems and an increased risk of http://www.srtimcs.com News/01 1 80 I'Stzlic/]';,tiching (rented \voncl.shlml State: Touching treated Wood may pose risk Page 3 of 5 cardiovascular disease. Roberts says he has heard no reports of children suffering these effects, but says his calculations show the risk is there. As part of a special report published last month, the St. Petersburg Times commissioned independent tests of playground soil near five wooden playgrounds in the Tampa Bay area. The tests revealed arsenic in every case, at levels higher than the state allows when polluters have to clean up contaminated neighborhoods. Some playgrounds around the state were shut down after tests detected arsenic in the soil. Some have reopened, even though there's no official "safe" cutoff for arsenic in playground soils. In most cases, the decision on whether to close a park has been a judgment call by local officials. And local officials face a quandary over what to do. At Al Lopez Park in 'Pampa, for example, officials closed the wooden playground after the Times' test showed arsenic in the soil. The city commissioned its own tests, and found arsenic at higher levels than the Times test did. Parks director Ross Ferlita decided to reopen it, saying, "We feel there's no immediate danger at all." Now, Ferlita said, news that kids might face a health risk from touching the wood adds even more uncertainty. "We want to do what's right," Ferlita said. "The frustration is not having any one agency that represents everybody that's saying: Yes, there's a problem." In New Port Richey, where tests found arsenic in playground soil at Sims Park, parks director Rob Consalvo opted not to close the playground. The city's consultants said the risk from the arsenic in the soil was low. But no one considered arsenic exposure that may be coming when kids touch the wood. "Obviously, if it's harmful that children put their hands on it, that's a problem. But somebody give us something in writing. Everything we get is controversial, and nothing is scientific enough." In the Volusia County town of DeLand, park http://www.sptimcs.com/News/041801/Statc/Touch inu__trcatcd_wood.shtml an Rim State:Jouching treated wood•may pose risk Page 4 of 5 superintendent Larry Nordman told the Daytona Beach News Journal: "I think it's probably one of those things that you'd have to lay on it naked for 100 years before your exposure is too great." In fact, no studies confirm that. In Brooksville, officials decided to keep Tom Varn Park open, even though arsenic has leaked from the wood into the soil. The city posted a notice saying the wood in the playgrounds and picnic tables was treated with "a chemical preservative that should not be ingested." "Although we follow the manufacturer's recommendation of regularly resealing the lumber, the preservative may accumulate on railings and other surfaces, as well as in the ground under the equipment. As a precaution, unwrapped food should not be stored in direct contact with this pressure treated wood or on the ground. Please wash your hands before eating," the notice advises. Discovery Playground in Tarpon Springs remains closed, as does a playground at the Long Center in Clearwater. One state lawmaker, Republican Rep. Larry Crow of Palm Harbor, says he wants to settle the issue by banning CCA wood completely in playgrounds. "It was originally thought that lead paint was not a problem," Crow said. "I think, ultimately, the issue will come down to this: If our children are being exposed to an increased health risk because of arsenic, it will not be tolerated, and we're going to do something about it. I mean, if a child cannot be protected on a playground, where can he be?" Recent coverage The poison in your back yard (March 11, 2001) • :_/��JE•mail Li,Print this story thin story 1Past Seven Days .•1 Gol n�,o'n, http://\\\v\�.cptinies.em'News/041801!State Touching treated wood.shtml