Lead-based paint activities; conform requirements for certification to conduct to federal requirements.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ladner

HOUSE BILL NO. 1521

AN ACT TO AMEND SECTIONS 49-17-505, 49-17-509, 49-17-511, 1
49-17-513, 49-17-515, 49-17-516, 49-17-517, 49-17-518, 49-17-519, 2
49-17-521, 49-17-525 AND 49-17-527, MISSISSIPPI CODE OF 1972, TO 3
REMOVE CERTAIN RESTRICTIONS FOR CERTIFICATION TO CONDUCT CERTAIN 4
LEAD-BASED PAINT ACTIVITIES; TO ALIGN DEFINITIONS AND REQUIREMENTS 5
FOR LEAD-BASED PAINT ACCREDITATION AND CERTIFICATION WITH FEDERAL 6
DEFINITIONS AND REQUIREMENTS; TO PROVIDE THAT THE AMOUNT OF FEES 7
FOR LEAD-BASED PAINT PROJECTS SHALL BE DETERMINED BASED ON 8
INFORMATION PROVIDED ON REQUIRED PROJECT NOTIFICATION TO THE 9
COMMISSION; AND FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. Section 49-17-505, Mississippi Code of 1972, is 12
amended as follows: 13
49-17-505. For purposes of Sections 49-17-501 through 14
49-17-531, the following terms shall have the meanings * * * as 15
defined in this section or as defined in 40 CFR Part 745, as 16
amended, unless the context clearly indicates otherwise: 17
* * * 18
( * * *a) "Accredited training program" means a 19
training program that has been accredited by the commission, 20
United States Environmental Protection Agency (EPA) or 21
EPA-approved lead-based paint program in a state * * * having 22
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requirements that meet or exceed the requirements set forth in 23
Section 49-17-531 to provide training for individuals engaged in 24
lead-based paint activities. 25
( * * *b) "Certificate" means a document authorizing a 26
person or firm to perform lead-based paint activities as described 27
in Sections 49-17-501 through 49-17-531. 28
* * * 29
( * * *c) "Commission" means the Mississippi Commission 30
on Environmental Quality. 31
( * * *d) "Department" means the Mississippi Department 32
of Environmental Quality. 33
* * * 34
( * * *e) "Executive director" means the Executive 35
Director of the Mississippi Department of Environmental Quality. 36
* * * 37
( * * *f) "Lead-based paint activities" means 38
inspection, risk assessment, abatement or renovation of target 39
housing or child-occupied facilities. 40
* * * 41
SECTION 2. Section 49-17-509, Mississippi Code of 1972, is 42
amended as follows: 43
49-17-509. (1) The commission shall adopt regulations for 44
accreditation of lead-based paint activity training programs. 45
Accredited training programs shall ensure the availability of, and 46
provide adequate facilities for, the delivery of lectures, course 47
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tests, hands-on training and assessment activities. This includes 48
providing training equipment that reflects current work practices 49
and maintaining or updating the equipment and facilities as 50
needed. The training program shall offer courses which teach work 51
practice standards for conducting lead-based paint activities as 52
adopted by the United States Environmental Protection Agency or 53
the commission under Sections 49-17-501 through 49-17-531. These 54
standards shall be taught in the appropriate courses to provide 55
trainees with the knowledge needed to perform the lead-based paint 56
activities they are responsible for. The commission also may 57
adopt accreditation requirements for training programs providing 58
refresher training programs. All training shall include a 59
hands-on portion. The training certificates shall be valid for a 60
period not to exceed three (3) years from the date of training. 61
(2) The commission shall adopt regulations establishing work 62
practice standards for performing lead-based paint activities in 63
target housing and child-occupied facilities. These standards may 64
include appropriate documented methodologies, * * * reportable 65
levels and requirements for lead hazard screens, risk assessments, 66
abatement activities, renovation activities, sample collection and 67
analysis and record keeping. Beginning on August 31, 1998, all 68
lead-based paint activities shall be performed in accordance with 69
work practice standards adopted under Sections 49-17-501 through 70
49-17-531. The commission shall implement a compliance monitoring 71
program to ensure compliance with the work practice standards. 72
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(3) The commission shall adopt regulations for certification 73
of lead-based paint firms, risk assessors, project designers, 74
renovators, dust sampling technicians, supervisors, inspectors and 75
workers. 76
(4) Applicants for the issuance or reissuance of 77
certificates required under Sections 49-17-511 through 49-17-519 78
shall submit to the commission, on forms prepared by the 79
commission, an application. In addition, the applicant shall 80
submit documentation deemed appropriate by the commission 81
providing the educational background and demonstrating 82
satisfactory completion of the applicable training programs and 83
shall pay the applicable fee. 84
(5) Certification is valid for one (1) year, and the 85
commission shall require certificates issued under Sections 86
49-17-511 through 49-17-521 to be reissued annually. 87
(6) Except as otherwise required by Sections 49-17-501 88
through 49-17-531, regulations adopted under Sections 49-17-501 89
through 49-17-531 shall be no more stringent than federal 90
regulations for lead-based paint activities. 91
(7) Sections 49-17-501 through 49-17-531 do not apply to a 92
person who is performing lead-based paint activities or abatement 93
of lead-based paint hazards or renovation in a residential 94
dwelling owned by that person, unless the residential dwelling is 95
occupied, or intended to be occupied, by a person or persons other 96
than the owner or owner's immediate family * * *, or a child 97
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residing in the building has been identified as having an elevated 98
blood lead level. 99
SECTION 3. Section 49-17-511, Mississippi Code of 1972, is 100
amended as follows: 101
49-17-511. (1) After August 31, 1998, it is unlawful for an 102
individual who does not possess a valid lead-based paint risk 103
assessor certificate to conduct a risk assessment or lead hazard 104
screen as part of any lead-based paint activity. 105
(2) To qualify for a lead-based paint risk assessor 106
certificate, an applicant shall * * * meet the applicable 107
requirements set forth in 40 CFR Part 745, as amended, and 108
demonstrate to the satisfaction of the commission that the 109
applicant is familiar with and capable of complying fully with all 110
applicable federal and state laws and regulations. 111
SECTION 4. Section 49-17-513, Mississippi Code of 1972, is 112
amended as follows: 113
49-17-513. (1) After August 31, 1998, it is unlawful for 114
any person who does not possess a valid lead-based paint project 115
designer certificate to prepare abatement project designs, 116
occupant protection plans and abatement reports. 117
(2) To qualify for a lead-based paint project designer 118
certificate, an applicant shall * * * meet the applicable 119
requirements set forth in 40 CFR Part 745, as amended, and 120
demonstrate to the satisfaction of the commission that the 121
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applicant is familiar with and capable of complying fully with all 122
applicable federal and state laws and regulations. 123
SECTION 5. Section 49-17-515, Mississippi Code of 1972, is 124
amended as follows: 125
49-17-515. (1) After August 31, 1998, it is unlawful for an 126
individual who does not possess a valid lead-based paint 127
supervisor certificate to direct a lead-based paint abatement 128
activity and to prepare occupant protection plans and abatement 129
reports. 130
(2) To qualify for a lead-based paint supervisor 131
certificate, an applicant shall * * * meet the applicable 132
requirements set forth in 40 CFR Part 745, as amended, and 133
demonstrate to the satisfaction of the commission that the 134
applicant is familiar with and capable of complying fully with all 135
applicable federal and state laws and regulations. 136
SECTION 6. Section 49-17-516, Mississippi Code of 1972, is 137
amended as follows: 138
49-17-516. (1) After July 1, 2009, it is unlawful for an 139
individual who does not possess a valid lead-based paint renovator 140
certificate to direct a lead-based paint renovation activity 141
and/or conduct testing to determine the presence of lead-based 142
paint on components affected by renovation activities. 143
(2) To qualify for a lead-based paint renovator certificate, 144
an applicant shall * * * meet the applicable requirements set 145
forth in 40 CFR Part 745, as amended, and demonstrate to the 146
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satisfaction of the commission that the applicant is familiar with 147
and capable of complying fully with all applicable federal and 148
state laws and regulations. 149
SECTION 7. Section 49-17-517, Mississippi Code of 1972, is 150
amended as follows: 151
49-17-517. (1) After August 31, 1998, it is unlawful for an 152
individual who does not possess a valid lead-based paint inspector 153
certificate to work as an inspector on a lead-based paint 154
activity. 155
(2) To qualify for a lead-based paint inspector certificate, 156
an applicant shall * * * meet the applicable requirements set 157
forth in 40 CFR Part 745, as amended, and demonstrate to the 158
satisfaction of the commission that the applicant is familiar with 159
and capable of complying fully with all applicable federal and 160
state laws and regulations. 161
SECTION 8. Section 49-17-518, Mississippi Code of 1972, is 162
amended as follows: 163
49-17-518. (1) After July 1, 2009, it is unlawful for an 164
individual who does not possess a valid lead-based paint dust 165
sampling technician certificate to work as a dust sampling 166
technician on a lead-based paint renovation. 167
(2) To qualify for a lead-based paint dust sampling 168
technician certificate, an applicant shall * * * meet the 169
applicable requirements set forth in 40 CFR Part 745, as amended, 170
and demonstrate to the satisfaction of the commission that the 171
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applicant is familiar with and capable of complying fully with all 172
applicable federal and state laws and regulations. 173
SECTION 9. Section 49-17-519, Mississippi Code of 1972, is 174
amended as follows: 175
49-17-519. (1) After August 31, 1998, it is unlawful for an 176
individual who does not possess a valid lead-based paint abatement 177
worker certificate to work as a worker on a lead-based paint 178
abatement activity. 179
(2) After August 31, 1998, it is unlawful for a firm to 180
employ a person as a worker on a lead-based paint abatement 181
activity who does not possess a valid lead-based paint abatement 182
worker certificate in accordance with this section. 183
(3) To qualify for a lead-based paint abatement worker 184
certificate an individual shall * * * meet the applicable 185
requirements set forth in 40 CFR Part 745, as amended, and 186
demonstrate to the satisfaction of the commission that the 187
applicant is familiar with and capable of complying fully with all 188
applicable federal and state laws and regulations. 189
* * * 190
SECTION 10. Section 49-17-521, Mississippi Code of 1972, is 191
amended as follows: 192
49-17-521. (1) After August 31, 1998, it is unlawful for 193
any firm which does not possess a valid lead-based paint certified 194
firm certificate to perform or offer to perform any lead-based 195
paint activity covered under Sections 49-17-501 through 49-17-531. 196
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Certificates issued prior to July 1, 2009, shall be valid only for 197
abatements. Certificates issued after July 1, 2009, shall 198
indicate whether the firm is certified for renovations or 199
abatements; or certified for both renovations and abatements. 200
(2) To qualify for a lead-based paint certified firm 201
certificate, an applicant shall * * * attest to the commission in 202
writing that the firm shall employ only appropriately certified 203
employees to conduct lead-based paint activities and that the firm 204
and its employees shall follow the work practice standards adopted 205
under Sections 49-17-501 through 49-17-531 in conducting those 206
activities. Applicant's * * * attestation submitted after July 1, 207
2009, shall indicate whether the applicant intends to perform 208
renovations or abatements; or to perform both renovations and 209
abatements. 210
(3) Applicants for lead-based paint certified firm 211
certificate shall pay the applicable fee. 212
SECTION 11. Section 49-17-525, Mississippi Code of 1972, is 213
amended as follows: 214
49-17-525. (1) (a) There is created in the State Treasury 215
a fund to be designated as the Lead-Based Paint Program Operations 216
Fund, referred to in this section as "fund," to be administered by 217
the executive director and expended by appropriation approved by 218
the Legislature. 219
(b) Monies in the fund shall be utilized to pay 220
reasonable direct and indirect costs associated with the 221
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administration, educational outreach and enforcement of the 222
lead-based paint activity accreditation and certification program. 223
(c) Expenditures may be made from the fund upon 224
requisition by the executive director. 225
(d) The fund shall be treated as a special trust fund. 226
Interest earned on the principal therein shall be credited by the 227
Treasurer to the fund. 228
(e) The fund may receive monies from any available 229
public or private source, including, but not limited to, 230
collection of fees, interest, grants, taxes, public and private 231
donations, judicial actions and appropriated funds. 232
(f) Monies in the fund at the end of the fiscal year 233
shall be retained in the fund for use in the next succeeding 234
fiscal year to be expended by appropriation approved by the 235
Legislature. 236
(2) (a) The commission shall set by order a schedule of 237
fees for the accreditation of training programs, issuance and 238
reissuance of certificates and lead-based paint abatement and 239
renovation projects. The commission shall graduate fee levels to 240
reflect the type of certificate and the size of the project, as 241
the case may be. The commission shall prescribe the form for the 242
project notification, which must be submitted prior to the 243
commencement of a lead-based paint abatement and/or renovation 244
project. The amount of the fee shall be determined based on the 245
information provided on such project notification. 246
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(b) All monies collected under this section shall be 247
deposited into the fund. 248
(c) The commission may delegate to the department 249
responsibility for the collection of fees under this section. 250
(d) Any person required to pay a fee under this section 251
who disagrees with the calculation or applicability of the fee may 252
petition the commission for a hearing in accordance with Section 253
49-17-35, Mississippi Code of 1972. Any hearing shall be in 254
accordance with the provisions of Section 49-17-33, Mississippi 255
Code of 1972. 256
(e) Fees collected under this section shall not 257
supplant or reduce in any way the general fund appropriation to 258
the department. 259
SECTION 12. Section 49-17-527, Mississippi Code of 1972, is 260
amended as follows: 261
49-17-527. It is unlawful to: 262
(a) Fail or refuse to comply with any rule, regulation 263
or order of the commission issued under Sections 49-17-501 through 264
49-17-531; 265
(b) Fail or refuse to establish, maintain, provide, 266
copy, or permit access to records or reports as required by 267
Sections 49-17-501 through 49-17-531 regulations adopted under 268
Sections 49-17-501 through 49-17-531; 269
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ST: Lead-based paint activities; conform
requirements for certification to conduct to
federal requirements.
(c) Fail or refuse to permit entry or inspection as 270
required by Sections 49-17-501 through 49-17-531 or regulations 271
adopted under Sections 49-17-501 through 49-17-531; 272
(d) Obtain certification through fraudulent 273
representation; 274
(e) Fail to obtain certification from the 275
commission * * * and perform work requiring certification at a job 276
site; or 277
(f) Fraudulently obtain certification and engage in any 278
lead-based paint activities requiring certification. 279
SECTION 13. This act shall take effect and be in force from 280
and after July 1, 2026. 281