Miami-Dade Legislative Item
File Number: 093045
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File Number: 093045 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1392-09 Control: Board of County Commissioners
File Name: URGING CONGRESS TO ADDRESS IMPORTED CHINESE DRYWALL Introduced: 11/13/2009
Requester: NONE Cost: Final Action: 12/1/2009
Agenda Date: 12/1/2009 Agenda Item Number: 11A14
Notes: Title: RESOLUTION URGING CONGRESS TO PASS LEGISLATION ADDRESSING IMPORTED CHINESE DRYWALL; URGING THE FLORIDA LEGISLATURE TO CREATE AND FUND A STATE PROGRAM TO ASSIST HOMEOWNERS IN ADDRESSING CHINESE DRYWALL IN FLORIDA; DIRECTING THE MAYOR OR DESIGNEE TO PREPARE A REPORT RELATED TO THE PREVALENCE OF CHINESE DRYWALL IN MIAMI-DADE COUNTY AND RELATED ISSUES FACING MIAMI-DADE HOMEOWNERS [SEE ORIGINAL ITEM UNDER FILE NOS. 091993 & 092831]
Indexes: URGING
Sponsors: Rebeca Sosa, Prime Sponsor
  Audrey M. Edmonson, Prime Sponsor
  Dorrin D. Rolle, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/1/2009 11A14 Adopted P
REPORT: Commissioner Martinez noted he had no issues with urging the Florida Legislature to create a State program that would assist in addressing the Chinese drywall issues, but had concern that this item did not indicate how the program would be funded; and based on that, he could not support it. Hearing no further comments or questions, the Board proceeded to vote on the foregoing proposed resolution as presented.

Commission Auditor 11/17/2009 Legislative notes attached 12/1/2009

County Attorney 11/13/2009 Assigned Jess M. McCarty 11/17/2009

Government Operations Committee 11/9/2009 2I Sub. Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Daniel Frastai read the foregoing proposed resolution into the record. Commissioner Seijas noted she would be more comfortable using Federal Emergency Management Funds (FEMA) and not Community Development Block Grant (CDBG) funds to assist homeowners address defective Chinese drywall concerns. Commissioner Sosa stated that Florida Senator Bill Nelson was asking the federal government to increase the amount of CDBG funding allocated to the State and those funds be dedicated to address homeowners with defective Chinese drywall. She noted this proposed resolution would support Senator Nelson’s efforts. Commissioner Seijas noted that people needed to be informed that FEMA funds were available. Commissioner Sosa noted she would amend this proposed resolution to include FEMA funds. Commissioner Edmonson asked to be listed as a cosponsor. Hearing no further comments or questions, the Committee voted on this proposed resolution as amended to include FEMA funds.

Legislative Text


TITLE
RESOLUTION URGING CONGRESS TO PASS LEGISLATION ADDRESSING IMPORTED CHINESE DRYWALL; URGING THE FLORIDA LEGISLATURE TO CREATE AND FUND A STATE PROGRAM TO ASSIST HOMEOWNERS IN ADDRESSING CHINESE DRYWALL IN FLORIDA; DIRECTING THE MAYOR OR DESIGNEE TO PREPARE A REPORT RELATED TO THE PREVALENCE OF CHINESE DRYWALL IN MIAMI-DADE COUNTY AND RELATED ISSUES FACING MIAMI-DADE HOMEOWNERS

BODY
WHEREAS, in 2006 and 2007, more than 550 million pounds of drywall and associated building materials were imported from China to the U.S.; and
WHEREAS, around half this drywall was imported from China to the State of Florida, enough to build approximately 36,000 homes; and
WHEREAS, media reports indicate that drywall imported from China was also used in homes in no fewer than 11 other states, including Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas, and Virginia; and
WHEREAS, cases of Chinese drywall have been reported in Miami-Dade County; and
WHEREAS, testing by Florida officials found that drywall imported from China contains potentially hazardous levels of strontium sulfide, which, when exposed to moisture and humidity, can release hydrogen sulfide into the air; and
WHEREAS, emissions from drywall imported from China have caused substantial safety hazards in homes containing such drywall, including corrosion in electrical wiring, which can result in a fire hazard, failure of air conditioning units, and the failure of other household electrical products; and
WHEREAS, preliminary testing shows that the drywall may also be responsible for certain health hazards; and
WHEREAS, legislation has been filed in Congress to address the Chinese drywall issue, including S. 739 and S. Res. 91, both by Senators Bill Nelson and Mary Landrieu, and H.R. 1977 by Representative Robert Wexler; and
WHEREAS, this legislation would initiate a formal proceeding to investigate drywall imported from China from 2004 through 2007; prohibit further importation of drywall and associated building products from China; order a recall of hazardous Chinese drywall; and seek civil penalties against the drywall manufacturers in China that produced or distributed hazardous drywall and their U.S. subsidiaries to cover the cost of the recall effort and associated remediation; and
WHEREAS, the Louisiana Legislature passed legislation earlier this year authorizing the use of $5 million in Community Development Block Grant (CDBG) funds and other federal and state funds to identify and remediate Chinese drywall used as Louisiana was rebuilding from recent hurricanes; and
WHEREAS, Florida Senator Bill Nelson recently sent a letter to Florida’s legislative leadership urging them to pass legislation setting up and funding a program similar to that in Louisiana to address Chinese drywall in Florida, a copy of which is attached; and
>>WHEREAS, Federal Emergency Management Agency (FEMA) funds could also be pursued to address Chinese drywall problems; and<< 1
WHEREAS, in addition to federal and state legislation, local efforts should be undertaken where possible to assist homeowners facing issues related to Chinese drywall,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges Congress to pass legislation addressing imported Chinese drywall.
Section 2. Urges Congress to pass S. 739, S. Res. 91, H.R. 1977 or similar legislation.
Section 3. Urges the Florida Legislature to pass legislation setting up and funding a state program address Chinese drywall in Florida using >>Federal Emergency Management Agency (FEMA) funds,<< Community Development Block Grant (CDBG) funds and other federal and state funds, to the extent such funds can be used without diverting them from existing programs.
Section 4. Directs the Mayor or designee to prepare a report related to the prevalence of Chinese drywall in Miami-Dade County and related issues facing Miami-Dade homeowners, and to present such report along with recommendations for addressing the issue of Chinese drywall to the Board within the next 90 days.
Section 5. Directs the Clerk of the Board to transmit a certified copy of this resolution to the two U.S. Senators that represent Florida, the members of the Miami Dade County Congressional Delegation, the Governor of Florida, the Florida Senate President, Florida House Speaker and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 6. Directs the County’s federal lobbyists to advocate for the passage of the legislation set forth in Sections 1, 2 and 3 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2009 and 2010 Federal Legislative Packages and the 2010 State Legislative Package.

1 Committee amendments are indicated as follows: words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or »double arrowed« constitute the amendment proposed.



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