Mississippi Lead-Based Paint Activity Accreditation and Certification Act; amend to conform with EPA.

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To: Environment Prot, Cons
and Water Res
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Rhodes

SENATE BILL NO. 2761

AN ACT TO AMEND SECTION 49-17-505, MISSISSIPPI CODE OF 1972, 1
TO CONFORM DEFINITIONS TO THOSE PROVIDED BY THE ENVIRONMENTAL 2
PROTECTION AGENCY; TO AMEND SECTION 49-17-509, MISSISSIPPI CODE OF 3
1972, TO REQUIRE ALL TRAINING TO INCLUDE A HANDS-ON PORTION; TO 4
STIPULATE THAT TRAINING CERTIFICATES SHALL BE VALID FOR NO MORE 5
THAN THREE YEARS FROM THE DATE OF TRAINING; TO AMEND SECTION 6
49-17-511, 49-17-513, 49-17-515, 49-17-516, 49-17-517, 49-17-518 7
AND 49-17-519, MISSISSIPPI CODE OF 1972, TO CONFORM TO 8
CERTIFICATION REQUIREMENTS ESTABLISHED BY THE ENVIRONMENTAL 9
PROTECTION AGENCY; TO AMEND SECTION 49-17-521, MISSISSIPPI CODE OF 10
1972, TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 49-17-525, 11
MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSION TO PRESCRIBE 12
THE FORM FOR PROJECT NOTIFICATION AND THE AMOUNT OF THE FEE; TO 13
AMEND SECTION 49-17-527, MISSISSIPPI CODE OF 1972, TO ALLOW 14
PERSONNEL TO BE CERTIFIED SOLELY THROUGH THE COMMISSION; AND FOR 15
RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 49-17-505, Mississippi Code of 1972, is 18
amended as follows: 19
49-17-505. For purposes of Sections 49-17-501 through 20
49-17-531, the following terms shall have the meaning ascribed 21
herein unless the context clearly indicates otherwise: 22
(a) "Abatement" * * * has the same definition provided 23
in 40 CFR § 745.223. 24
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(b) "Accredited training program" means a training 25
program that has been accredited by the commission, United States 26
Environmental Protection Agency (EPA) or EPA-approved lead-based 27
paint program in a state * * * having requirements that meet or 28
exceed the requirements provided for in Section 49-17-531 to 29
provide training for individuals engaged in lead-based paint 30
activities. 31
(c) "Certificate" means a document authorizing a person 32
or firm to perform lead-based paint activities as described in 33
Sections 49-17-501 through 49-17-531. The certification is valid 34
for one (1) year. 35
(d) "Child-occupied facility * * *" * * * has the same 36
definition as provided in 40 CFR § 745.223. 37
(e) * * * [Repealed] 38
(f) "Clearance levels" means * * * "action levels" as 39
defined in 40 CFR § 745.223. 40
(g) "Commission" means the Mississippi Commission on 41
Environmental Quality. 42
(h) "Department" means the Mississippi Department of 43
Environmental Quality. 44
(i) "Dust sampling technician" means an 45
individual * * * who meets the appropriate requirements outlined 46
in 40 CFR § 745.90. 47
(j) "Executive director" means the Executive Director 48
of the Mississippi Department of Environmental Quality. 49
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(k) "Firm" * * * has the same definition as provided 50
for "certified firm" in 40 CFR § 745.223. 51
(l) "Inspection" * * * has the same definition as 52
provided in 40 CFR § 745.223. 53
(m) "Inspector" * * * has the same definition as 54
provided for "certified inspector" in 40 CFR § 745.223. 55
(n) "Lead-based paint" * * * has the same definition as 56
provided in 40 CFR § 745.223. 57
(o) "Lead-based paint activities" means inspection, 58
risk assessment, abatement or renovation of target housing or 59
child-occupied facilities. 60
(p) "Lead-based paint hazard" * * * has the same 61
definition as provided in 40 CFR § 745.223. 62
(q) "Minor repair and maintenance activities" * * * has 63
the same definition as provided in 40 CFR § 745.83. 64
(r) "Person" * * * has the same definition as provided 65
in 40 CFR § 745.223. 66
(s) "Project designer" * * * has the same definition as 67
provided for "certified project designer" in 40 CFR § 745.223. 68
(t) "Renovation" * * * has the same definition as 69
provided in 40 CFR § 745.83. 70
(u) "Renovator" * * * has the same definition as 71
provided in 40 CFR § 745.83. 72
(v) "Residential dwelling" * * * has the same 73
definition as provided in 40 CFR § 745.223. 74
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(w) "Risk assessment" * * * has the same definition as 75
provided in 40 CFR § 745.223. 76
(x) "Risk assessor" * * * has the same definition as 77
provided for "certified risk assessor" in 40 CFR § 745.223. 78
(y) "Supervisor" * * * has the same definition as 79
provided for "certified supervisor" in 40 CFR § 745.223. 80
(z) "Target housing * * *" * * * has the same 81
definition as provided in 40 CFR § 745.223. 82
(aa) * * * [Repealed] 83
(bb) "Worker" * * * has the same definition as provided 84
for "certified abatement worker" in 40 CFR § 745.223. 85
SECTION 2. Section 49-17-509, Mississippi Code of 1972, is 86
amended as follows: 87
49-17-509. (1) The commission shall adopt regulations for 88
accreditation of lead-based paint activity training programs. 89
Accredited training programs shall ensure the availability of, and 90
provide adequate facilities for, the delivery of lectures, course 91
tests, hands-on training and assessment activities. This includes 92
providing training equipment that reflects current work practices 93
and maintaining or updating the equipment and facilities as 94
needed. The training program shall offer courses which teach work 95
practice standards for conducting lead-based paint activities as 96
adopted by the United States Environmental Protection Agency or 97
the commission under Sections 49-17-501 through 49-17-531. These 98
standards shall be taught in the appropriate courses to provide 99
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trainees with the knowledge needed to perform the lead-based paint 100
activities they are responsible for. The commission also may 101
adopt accreditation requirements for training programs providing 102
refresher training programs. All training shall include a 103
hands-on portion. The training certificates shall be valid for a 104
period not to exceed three (3) years from the date of training. 105
(2) The commission shall adopt regulations establishing work 106
practice standards for performing lead-based paint activities in 107
target housing and child-occupied facilities. These standards may 108
include appropriate documented methodologies, * * * reportable 109
levels and requirements for lead hazard screens, risk assessments, 110
abatement activities, renovation activities, sample collection and 111
analysis and record keeping. Beginning on August 31, 1998, all 112
lead-based paint activities shall be performed in accordance with 113
work practice standards adopted under Sections 49-17-501 through 114
49-17-531. The commission shall implement a compliance monitoring 115
program to ensure compliance with the work practice standards. 116
(3) The commission shall adopt regulations for certification 117
of lead-based paint firms, risk assessors, project designers, 118
renovators, dust sampling technicians, supervisors, inspectors and 119
workers. 120
(4) Applicants for the issuance or reissuance of 121
certificates required under Sections 49-17-511 through 49-17-519 122
shall submit to the commission, on forms prepared by the 123
commission, an application. In addition, the applicant shall 124
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submit documentation deemed appropriate by the commission 125
providing the educational background and demonstrating 126
satisfactory completion of the applicable training programs and 127
shall pay the applicable fee. 128
(5) The commission shall require certificates issued under 129
Sections 49-17-511 through 49-17-521 to be reissued annually. 130
(6) Except as otherwise required by Sections 49-17-501 131
through 49-17-531, regulations adopted under Sections 49-17-501 132
through 49-17-531 shall be no more stringent than federal 133
regulations for lead-based paint activities. 134
(7) Sections 49-17-501 through 49-17-531 do not apply to a 135
person who is performing lead-based paint activities or abatement 136
of lead-based paint hazards or renovation in a residential 137
dwelling owned by that person, unless the residential dwelling is 138
occupied, or intended to be occupied, by a person or persons other 139
than the owner or owner's immediate family * * *, or a child 140
residing in the building has been identified as having an elevated 141
blood lead level. 142
SECTION 3. Section 49-17-511, Mississippi Code of 1972, is 143
amended as follows: 144
49-17-511. (1) After August 31, 1998, it is unlawful for an 145
individual who does not possess a valid lead-based paint risk 146
assessor certificate to conduct a risk assessment or lead hazard 147
screen as part of any lead-based paint activity. 148
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(2) To qualify for a lead-based paint risk assessor 149
certificate, an applicant shall * * * meet the applicable 150
requirements set forth in 40 CFR § 745, as amended, and 151
demonstrate to the satisfaction of the commission that the 152
applicant is familiar with and capable of complying fully with all 153
applicable federal and state laws and regulations. 154
SECTION 4. Section 49-17-513, Mississippi Code of 1972, is 155
amended as follows: 156
49-17-513. (1) After August 31, 1998, it is unlawful for 157
any person who does not possess a valid lead-based paint project 158
designer certificate to prepare abatement project designs, 159
occupant protection plans and abatement reports. 160
(2) To qualify for a lead-based paint project designer 161
certificate, an applicant shall * * * meet the applicable 162
requirements set forth in 40 CFR § 745, as amended, and 163
demonstrate to the satisfaction of the commission that the 164
applicant is familiar with and capable of complying fully with all 165
applicable federal and state laws and regulations. 166
SECTION 5. Section 49-17-515, Mississippi Code of 1972, is 167
amended as follows: 168
49-17-515. (1) After August 31, 1998, it is unlawful for an 169
individual who does not possess a valid lead-based paint 170
supervisor certificate to direct a lead-based paint abatement 171
activity and to prepare occupant protection plans and abatement 172
reports. 173
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(2) To qualify for a lead-based paint supervisor 174
certificate, an applicant shall * * * meet the applicable 175
requirements set forth in 40 CFR § 745, as amended, and 176
demonstrate to the satisfaction of the commission that the 177
applicant is familiar with and capable of complying fully with all 178
applicable federal and state laws and regulations. 179
SECTION 6. Section 49-17-516, Mississippi Code of 1972, is 180
amended as follows: 181
49-17-516. (1) After July 1, 2009, it is unlawful for an 182
individual who does not possess a valid lead-based paint renovator 183
certificate to direct a lead-based paint renovation activity 184
and/or conduct testing to determine the presence of lead-based 185
paint on components affected by renovation activities. 186
(2) To qualify for a lead-based paint renovator certificate, 187
an applicant shall * * * meet the applicable requirements set 188
forth in 40 CFR § 745, as amended, and demonstrate to the 189
satisfaction of the commission that the applicant is familiar with 190
and capable of complying fully with all applicable federal and 191
state laws and regulations. 192
SECTION 7. Section 49-17-517, Mississippi Code of 1972, is 193
amended as follows: 194
49-17-517. (1) After August 31, 1998, it is unlawful for an 195
individual who does not possess a valid lead-based paint inspector 196
certificate to work as an inspector on a lead-based paint 197
activity. 198
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(2) To qualify for a lead-based paint inspector certificate, 199
an applicant shall * * * meet the applicable requirements set 200
forth in 40 CFR § 745, as amended, and demonstrate to the 201
satisfaction of the commission that the applicant is familiar with 202
and capable of complying fully with all applicable federal and 203
state laws and regulations. 204
SECTION 8. Section 49-17-518, Mississippi Code of 1972, is 205
amended as follows: 206
49-17-518. (1) After July 1, 2009, it is unlawful for an 207
individual who does not possess a valid lead-based paint dust 208
sampling technician certificate to work as a dust sampling 209
technician on a lead-based paint renovation. 210
(2) To qualify for a lead-based paint dust sampling 211
technician certificate, an applicant shall * * * meet the 212
applicable requirements set forth in 40 CFR § 745, as amended, and 213
demonstrate to the satisfaction of the commission that the 214
applicant is familiar with and capable of complying fully with all 215
applicable federal and state laws and regulations. 216
SECTION 9. Section 49-17-519, Mississippi Code of 1972, is 217
amended as follows: 218
49-17-519. (1) After August 31, 1998, it is unlawful for an 219
individual who does not possess a valid lead-based paint abatement 220
worker certificate to work as a worker on a lead-based paint 221
abatement activity. 222
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(2) After August 31, 1998, it is unlawful for a firm to 223
employ a person as a worker on a lead-based paint abatement 224
activity who does not possess a valid lead-based paint abatement 225
worker certificate in accordance with this section. 226
(3) To qualify for a lead-based paint abatement worker 227
certificate an individual shall * * * meet the applicable 228
requirements set forth in 40 CFR § 745, as amended, and 229
demonstrate to the satisfaction of the commission that the 230
applicant is familiar with and capable of complying fully with all 231
applicable federal and state laws and regulations. 232
* * * 233
SECTION 10. Section 49-17-521, Mississippi Code of 1972, is 234
amended as follows: 235
49-17-521. (1) After August 31, 1998, it is unlawful for 236
any firm which does not possess a valid lead-based paint certified 237
firm certificate to perform or offer to perform any lead-based 238
paint activity covered under Sections 49-17-501 through 49-17-531. 239
Certificates issued prior to July 1, 2009, shall be valid only for 240
abatements. Certificates issued after July 1, 2009, shall 241
indicate whether the firm is certified for renovations or 242
abatements; or certified for both renovations and abatements. 243
(2) To qualify for a lead-based paint certified firm 244
certificate, an applicant shall * * * attest to the commission in 245
writing that the firm shall employ only appropriately certified 246
employees to conduct lead-based paint activities and that the firm 247
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and its employees shall follow the work practice standards adopted 248
under Sections 49-17-501 through 49-17-531 in conducting those 249
activities. Applicant's * * * attestation submitted after July 1, 250
2009, shall indicate whether the applicant intends to perform 251
renovations or abatements; or to perform both renovations and 252
abatements. 253
(3) Applicants for lead-based paint certified firm 254
certificate shall pay the applicable fee. 255
SECTION 11. Section 49-17-525, Mississippi Code of 1972, is 256
amended as follows: 257
49-17-525. (1) (a) There is created in the State Treasury 258
a fund to be designated as the Lead-Based Paint Program Operations 259
Fund, referred to in this section as "fund," to be administered by 260
the executive director and expended by appropriation approved by 261
the Legislature. 262
(b) Monies in the fund shall be utilized to pay 263
reasonable direct and indirect costs associated with the 264
administration, educational outreach and enforcement of the 265
lead-based paint activity accreditation and certification program. 266
(c) Expenditures may be made from the fund upon 267
requisition by the executive director. 268
(d) The fund shall be treated as a special trust fund. 269
Interest earned on the principal therein shall be credited by the 270
Treasurer to the fund. 271
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(e) The fund may receive monies from any available 272
public or private source, including, but not limited to, 273
collection of fees, interest, grants, taxes, public and private 274
donations, judicial actions and appropriated funds. 275
(f) Monies in the fund at the end of the fiscal year 276
shall be retained in the fund for use in the next succeeding 277
fiscal year to be expended by appropriation approved by the 278
Legislature. 279
(2) (a) The commission shall set by order a schedule of 280
fees for the accreditation of training programs, issuance and 281
reissuance of certificates and lead-based paint abatement and 282
renovation projects. The commission shall graduate fee levels to 283
reflect the type of certificate and the size of the project, as 284
the case may be. The commission shall prescribe the form for the 285
project notification, which must be submitted prior to the 286
commencement of a lead-based paint abatement and/or renovation 287
project. The amount of the fee will be determined based on the 288
information provided on such project notification. 289
(b) All monies collected under this section shall be 290
deposited into the fund. 291
(c) The commission may delegate to the department 292
responsibility for the collection of fees under this section. 293
(d) Any person required to pay a fee under this section 294
who disagrees with the calculation or applicability of the fee may 295
petition the commission for a hearing in accordance with Section 296
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49-17-35, Mississippi Code of 1972. Any hearing shall be in 297
accordance with the provisions of Section 49-17-33, Mississippi 298
Code of 1972. 299
(e) Fees collected under this section shall not 300
supplant or reduce in any way the general fund appropriation to 301
the department. 302
SECTION 12. Section 49-17-527, Mississippi Code of 1972, is 303
amended as follows: 304
49-17-527. It is unlawful to: 305
(a) Fail or refuse to comply with any rule, regulation 306
or order of the commission issued under Sections 49-17-501 through 307
49-17-531; 308
(b) Fail or refuse to establish, maintain, provide, 309
copy, or permit access to records or reports as required by 310
Sections 49-17-501 through 49-17-531 regulations adopted under 311
Sections 49-17-501 through 49-17-531; 312
(c) Fail or refuse to permit entry or inspection as 313
required by Sections 49-17-501 through 49-17-531 or regulations 314
adopted under Sections 49-17-501 through 49-17-531; 315
(d) Obtain certification through fraudulent 316
representation; 317
(e) Fail to obtain certification from the 318
commission * * * and perform work requiring certification at a job 319
site; or 320
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ST: Mississippi Lead-Based Paint Activity
Accreditation and Certification Act; amend to
conform with EPA.
(f) Fraudulently obtain certification and engage in any 321
lead-based paint activities requiring certification. 322
SECTION 13. This act shall take effect and be in force from 323
and after July 1, 2026. 324