Bill Text: MS HB1521 | 2026 | Regular Session | Introduced

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

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-02-03 - Died In Committee [HB1521 Detail]

Download: Mississippi-2026-HB1521-Introduced.html

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary A

By: Representative Ladner

House Bill 1521

AN ACT TO AMEND SECTIONS 49-17-505, 49-17-509, 49-17-511, 49-17-513, 49-17-515, 49-17-516, 49-17-517, 49-17-518, 49-17-519, 49-17-521, 49-17-525 AND 49-17-527, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN RESTRICTIONS FOR CERTIFICATION TO CONDUCT CERTAIN LEAD-BASED PAINT ACTIVITIES; TO ALIGN DEFINITIONS AND REQUIREMENTS FOR LEAD-BASED PAINT ACCREDITATION AND CERTIFICATION WITH FEDERAL DEFINITIONS AND REQUIREMENTS; TO PROVIDE THAT THE AMOUNT OF FEES FOR LEAD-BASED PAINT PROJECTS SHALL BE DETERMINED BASED ON INFORMATION PROVIDED ON REQUIRED PROJECT NOTIFICATION TO THE COMMISSION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 49-17-505, Mississippi Code of 1972, is amended as follows:

     49-17-505.  For purposes of Sections 49-17-501 through 49-17-531, the following terms shall have the meanings * * *ascribed herein as defined in this section or as defined in 40 CFR Part 745, as amended, unless the context clearly indicates otherwise:

 * * *  (a)  "Abatement" means any measure or set of measures designed to permanently eliminate lead‑based paint hazards consistent with 745 CFR Section 223.  The term includes, but is not limited to, the removal of lead‑based paint and lead‑contaminated dust, the permanent enclosure or encapsulation of lead‑based paint, the replacement of lead‑painted surfaces or fixtures, and the removal or covering of lead‑contaminated soil and all preparation, cleanup, disposal, and postabatement clearance testing activities associated with those measures.  The term does not include renovation, remodeling, landscaping or other activities not designed to permanently eliminate lead‑based paint hazards and interim controls, operations and maintenance activities or other activities and measures designed to temporarily, but not permanently reduce lead‑based paint hazards.

          ( * * *ba)  "Accredited training program" means a training program that has been accredited by the commission, United States Environmental Protection Agency (EPA) or EPA-approved lead-based paint program in a state * * *with reciprocity agreements with Mississippi having requirements that meet or exceed the requirements set forth in Section 49-17-531 to provide training for individuals engaged in lead-based paint activities.

          ( * * *cb)  "Certificate" means a document authorizing a person or firm to perform lead-based paint activities as described in Sections 49-17-501 through 49-17-531.

           * * *(d)  "Child‑occupied facility," as this term applies to abatement activities, means a building, or portion of a building, constructed before 1978, visited regularly by the same child, six (6) years of age or under, on at least two (2) different days within any calendar week, if each day's visit lasts at least three (3) hours, the combined weekly visit lasts at least six (6) hours, and the combined annual visits last at least sixty (60) hours.  Child‑occupied facilities include, but are not limited to, day care centers, preschools and kindergarten classrooms.

  (e)  "Child‑occupied facility," as this term applies to renovation activities, means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six (6) years of age, on at least two (2) different days within any week, if each day's visit lasts at least three (3) hours and the combined weekly visits last at least six (6) hours, and the combined annual visits last at least sixty (60) hours.  Child‑occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms.  Child‑occupied facilities may be located in target housing or in public or commercial buildings.  With respect to common areas in public or commercial buildings that contain child‑occupied facilities, the child‑occupied facility encompasses only those common areas that are routinely used by children under age six (6), such as restrooms and cafeterias.  Common areas that children under age six (6) only pass through, such as hallways, stairways, and garages are not included.  In addition, with respect to exteriors of public or commercial buildings that contain child‑occupied facilities, the child‑occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child‑occupied facility or the common areas routinely used by children under age six (6).

  (f)  "Clearance levels" means the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.

          ( * * *gc)  "Commission" means the Mississippi Commission on Environmental Quality.

          ( * * *hd)  "Department" means the Mississippi Department of Environmental Quality.

 * * *  (i)  "Dust sampling technician" means an individual employed to perform dust clearance sampling.

          ( * * *je)  "Executive director" means the Executive Director of the Mississippi Department of Environmental Quality.

 * * *  (k)  "Firm" means a company, partnership, corporation, sole proprietorship, association, or other business entity or individual doing business that performs or offers to perform lead‑based paint activities.  This term also includes a federal, state, tribal, or local government agency, or a nonprofit organization that performs or offers to perform lead‑based paint activities.

  (l)  "Inspection" means a surface‑by‑surface investigation to determine the presence of lead‑based paint and the provision of a report explaining the results of the investigation.

  (m)  "Inspector" means an individual employed to inspect or reinspect for the presence of lead‑based paint, to collect samples for the presence of lead in dust and soil for the purposes of abatement or renovation clearance testing and to prepare inspection reports.

  (n)  "Lead‑based paint" means paint or other surface coatings that contain lead equal to or in excess of one (1) milligram per square centimeter or more than one‑half of one percent (0.5%) by weight.

          ( * * *of)  "Lead-based paint activities" means inspection, risk assessment, abatement or renovation of target housing or child-occupied facilities.

 * * *  (p)  "Lead‑based paint hazard" means any condition that causes exposure to lead from lead‑contaminated dust, lead‑contaminated soil, or lead‑contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the Administrator of the United States Environmental Protection Agency.

  (q)  "Minor repair and maintenance activities" means activities, including minor heating, ventilation or air‑conditioning work, electrical work, and plumbing, that disrupt six (6) square feet or less of painted surface per room for interior activities or twenty (20) square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by 40 CFR Section 745.85(a)(3) are used and where the work does not involve window replacement or demolition of painted surface areas.  When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed.  Jobs, other than emergency renovations, performed in the same room within the same thirty (30) days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

  (r)  "Person" means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, firm, association, independent contractor or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof.

  (s)  "Project designer" means an individual employed to prepare abatement project designs, occupant protection plans and abatement project reports.

  (t)  "Renovation" means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement.  The term "renovation" includes, but is not limited to:  the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity, sanding, scraping or other activities that may generate paint dust); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown‑in insulation or to gain access to attics, planning thresholds to install weather‑stripping); and interim controls that disturb painted surfaces.  A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child‑occupied facility is a renovation.  The term renovation does not include minor repair and maintenance activities.

  (u)  "Renovator" means an individual who either performs or directs or supervises workers who perform renovations.  A "certified renovator" is a renovator who has successfully completed a renovator course accredited by EPA or an EPA‑authorized state or tribal program, and has been certified to perform renovations in the State of Mississippi.

  (v)  "Residential dwelling" means a detached single family dwelling unit, including attached structures such as porches and stoops or a single family dwelling unit in a structure that contains more than one (1) separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

  (w)  "Risk assessment" means an on‑site investigation to determine the existence, nature, severity, and location of lead‑based paint hazards and the provision of a report by the person conducting the risk assessment, explaining the results of the investigation and options for reducing lead‑based paint hazards.

  (x)  "Risk assessor" means an individual employed to conduct risk assessments and lead hazard screens, to prepare inspection reports and to collect samples for the presence of lead in dust and soil for the purposes of abatement and renovation clearance testing.

  (y)  "Supervisor" means an individual designated by a contractor or certified firm to be responsible for the direction and conduct of lead‑based paint abatement activities and to prepare occupant protection plans and abatement reports.

  (z)  "Target housing," as this term refers to abatements, means any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any one or more children aged six (6) years or under resides or is expected to reside in that housing for the elderly or persons with disabilities) or any zero‑bedroom dwelling.

  (aa)  "Target housing," as this term refers to renovations, means any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any one or more children under the age of six (6) years resides or is expected to reside in that housing for the elderly or persons with disabilities) or any zero‑bedroom dwelling.

  (bb)  "Worker" means any individual who works on abatements or renovations.

     SECTION 2.  Section 49-17-509, Mississippi Code of 1972, is amended as follows:

     49-17-509.  (1)  The commission shall adopt regulations for accreditation of lead-based paint activity training programs.  Accredited training programs shall ensure the availability of, and provide adequate facilities for, the delivery of lectures, course tests, hands-on training and assessment activities.  This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed.  The training program shall offer courses which teach work practice standards for conducting lead-based paint activities as adopted by the United States Environmental Protection Agency or the commission under Sections 49-17-501 through 49-17-531.  These standards shall be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead-based paint activities they are responsible for.  The commission also may adopt accreditation requirements for training programs providing refresher training programs.  All training shall include a hands-on portion.  The training certificates shall be valid for a period not to exceed three (3) years from the date of training.

     (2)  The commission shall adopt regulations establishing work practice standards for performing lead-based paint activities in target housing and child-occupied facilities.  These standards may include appropriate documented methodologies, * * *clearance reportable levels and requirements for lead hazard screens, risk assessments, abatement activities, renovation activities, sample collection and analysis and record keeping.  Beginning on August 31, 1998, all lead-based paint activities shall be performed in accordance with work practice standards adopted under Sections 49-17-501 through 49-17-531.  The commission shall implement a compliance monitoring program to ensure compliance with the work practice standards.

     (3)  The commission shall adopt regulations for certification of lead-based paint firms, risk assessors, project designers, renovators, dust sampling technicians, supervisors, inspectors and workers.

     (4)  Applicants for the issuance or reissuance of certificates required under Sections 49-17-511 through 49-17-519 shall submit to the commission, on forms prepared by the commission, an application.  In addition, the applicant shall submit documentation deemed appropriate by the commission providing the educational background and demonstrating satisfactory completion of the applicable training programs and shall pay the applicable fee.

     (5)  Certification is valid for one (1) year, and the commission shall require certificates issued under Sections 49-17-511 through 49-17-521 to be reissued annually.

     (6)  Except as otherwise required by Sections 49-17-501 through 49-17-531, regulations adopted under Sections 49-17-501 through 49-17-531 shall be no more stringent than federal regulations for lead-based paint activities.

     (7)  Sections 49-17-501 through 49-17-531 do not apply to a person who is performing lead-based paint activities or abatement of lead-based paint hazards or renovation in a residential dwelling owned by that person, unless the residential dwelling is occupied, or intended to be occupied, by a person or persons other than the owner or owner's immediate family * * * while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level.

     SECTION 3.  Section 49-17-511, Mississippi Code of 1972, is amended as follows:

     49-17-511.  (1)  After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint risk assessor certificate to conduct a risk assessment or lead hazard screen as part of any lead-based paint activity.

     (2)  To qualify for a lead-based paint risk assessor certificate, an applicant shall * * *:

  (a)  (i)   Be a registered professional engineer or a licensed architect; or

   (ii)  Have a bachelor's degree in a profession related to engineering, health or environmental science and one (1) year of experience in a related field, as determined by the commission; or

   (iii)  Have an associate's degree and two (2) years of experience in a related field, as determined by the commission; or

   (iv)  Have a high school diploma or equivalent and three (3) years of experience in a related field, as determined by the commission;  

  (b)  Satisfactorily complete an accredited training program for lead‑based paint risk assessors and lead‑based paint inspectors; and

  (c)   meet the applicable requirements set forth in 40 CFR Part 745, as amended, and demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.

     SECTION 4.  Section 49-17-513, Mississippi Code of 1972, is amended as follows:

     49-17-513.  (1)  After August 31, 1998, it is unlawful for any person who does not possess a valid lead-based paint project designer certificate to prepare abatement project designs, occupant protection plans and abatement reports.

     (2)  To qualify for a lead-based paint project designer certificate, an applicant shall * * *:

  (a)  (i)  Be a registered professional engineer or a licensed architect; or

   (ii)  Have a bachelor's degree in engineering, architecture or a profession related to engineering or architecture and one (1) year of experience in building design or a related field, as determined by the commission; or

   (iii)  Have an associate's degree and two (2) years of experience in building design or a related field, as determined by the commission; or

   (iv)  Have a high school diploma or equivalent and three (3) years of experience in building design or a related field, as determined by the commission;

  (b)  Satisfactorily complete an accredited training program for lead‑based paint project designers and lead‑based paint supervisor; and

  (c)  meet the applicable requirements set forth in 40 CFR Part 745, as amended, and demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.

     SECTION 5.  Section 49-17-515, Mississippi Code of 1972, is amended as follows:

     49-17-515.  (1)  After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint supervisor certificate to direct a lead-based paint abatement activity and to prepare occupant protection plans and abatement reports.

     (2)  To qualify for a lead-based paint supervisor certificate, an applicant shall * * *:

  (a)  Have a high school diploma or its equivalent and one (1) year of experience as a certified lead‑based paint abatement worker or two (2) years of experience in a related field, as determined by the commission or in the building trades;

  (b)  Satisfactorily complete an accredited training program for lead‑based paint supervisors; and

  (c)   meet the applicable requirements set forth in 40 CFR Part 745, as amended, and demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.

     SECTION 6.  Section 49-17-516, Mississippi Code of 1972, is amended as follows:

     49-17-516.  (1)  After July 1, 2009, it is unlawful for an individual who does not possess a valid lead-based paint renovator certificate to direct a lead-based paint renovation activity and/or conduct testing to determine the presence of lead-based paint on components affected by renovation activities.

     (2)  To qualify for a lead-based paint renovator certificate, an applicant shall * * *:

  (a)  Have a high school diploma or its equivalent and one (1) year of experience as a lead‑based paint abatement or renovation worker or two (2) years of experience in a related field, as determined by the commission or in the building trades;

  (b)  Satisfactorily complete an accredited training program for lead‑based paint renovators; or

  (c)  Have successfully completed an accredited abatement worker or supervisor course, or have successfully completed an EPA, HUD or EPA/HUD model renovation training course and have taken an accredited refresher renovator training course; and

  (d)   meet the applicable requirements set forth in 40 CFR Part 745, as amended, and demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.

     SECTION 7.  Section 49-17-517, Mississippi Code of 1972, is amended as follows:

     49-17-517.  (1)  After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint inspector certificate to work as an inspector on a lead-based paint activity.

     (2)  To qualify for a lead-based paint inspector certificate, an applicant shall * * *:

  (a)  Have a high school diploma or its equivalent;

  (b)  Satisfactorily complete an accredited training program for lead‑based paint inspectors; and

  (c)   meet the applicable requirements set forth in 40 CFR Part 745, as amended, and demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.

     SECTION 8.  Section 49-17-518, Mississippi Code of 1972, is amended as follows:

     49-17-518.  (1)  After July 1, 2009, it is unlawful for an individual who does not possess a valid lead-based paint dust sampling technician certificate to work as a dust sampling technician on a lead-based paint renovation.

     (2)  To qualify for a lead-based paint dust sampling technician certificate, an applicant shall * * *:

  (a)  Have a high school diploma or its equivalent;

  (b)  Satisfactorily complete an accredited training program for lead‑based paint dust sampling technicians; or

  (c)  Have successfully completed an accredited lead‑based paint inspector or risk assessor course and have completed an accredited refresher dust sampling technician course; and

  (d)  meet the applicable requirements set forth in 40 CFR Part 745, as amended, and demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.

     SECTION 9.  Section 49-17-519, Mississippi Code of 1972, is amended as follows:

     49-17-519.  (1)  After August 31, 1998, it is unlawful for an individual who does not possess a valid lead-based paint abatement worker certificate to work as a worker on a lead-based paint abatement activity.

     (2)  After August 31, 1998, it is unlawful for a firm to employ a person as a worker on a lead-based paint abatement activity who does not possess a valid lead-based paint abatement worker certificate in accordance with this section.

     (3)  To qualify for a lead-based paint abatement worker certificate an individual shall * * *:

  (a)  Satisfactorily complete an accredited training program for lead‑based paint abatement workers; and

  (b)   meet the applicable requirements set forth in 40 CFR Part 745, as amended, and demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.    

 * * * (4)  Workers engaged in renovation activities are not required to possess certification.

     SECTION 10.  Section 49-17-521, Mississippi Code of 1972, is amended as follows:

     49-17-521.  (1)  After August 31, 1998, it is unlawful for any firm which does not possess a valid lead-based paint certified firm certificate to perform or offer to perform any lead-based paint activity covered under Sections 49-17-501 through 49-17-531.  Certificates issued prior to July 1, 2009, shall be valid only for abatements.  Certificates issued after July 1, 2009, shall indicate whether the firm is certified for renovations or abatements; or certified for both renovations and abatements.

     (2)  To qualify for a lead-based paint certified firm certificate, an applicant shall * * * submit to the commission a letter attesting attest to the commission in writing that the firm shall employ only appropriately certified employees to conduct lead-based paint activities and that the firm and its employees shall follow the work practice standards adopted under Sections 49-17-501 through 49-17-531 in conducting those activities.  Applicant's * * *letter attestation submitted after July 1, 2009, shall indicate whether the applicant intends to perform renovations or abatements; or to perform both renovations and abatements.

     (3)  Applicants for lead-based paint certified firm certificate shall pay the applicable fee.

     SECTION 11.  Section 49-17-525, Mississippi Code of 1972, is amended as follows:

     49-17-525.  (1)  (a)  There is created in the State Treasury a fund to be designated as the Lead-Based Paint Program Operations Fund, referred to in this section as "fund," to be administered by the executive director and expended by appropriation approved by the Legislature.

          (b)  Monies in the fund shall be utilized to pay reasonable direct and indirect costs associated with the administration, educational outreach and enforcement of the lead-based paint activity accreditation and certification program.

          (c)  Expenditures may be made from the fund upon requisition by the executive director.

          (d)  The fund shall be treated as a special trust fund.  Interest earned on the principal therein shall be credited by the Treasurer to the fund.

          (e)  The fund may receive monies from any available public or private source, including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, judicial actions and appropriated funds.

          (f)  Monies in the fund at the end of the fiscal year shall be retained in the fund for use in the next succeeding fiscal year to be expended by appropriation approved by the Legislature.

     (2)  (a)  The commission shall set by order a schedule of fees for the accreditation of training programs, issuance and reissuance of certificates and lead-based paint abatement and renovation projects.  The commission shall graduate fee levels to reflect the type of certificate and the size of the project, as the case may be.  The commission shall prescribe the form for the project notification, which must be submitted prior to the commencement of a lead-based paint abatement and/or renovation project.  The amount of the fee shall be determined based on the information provided on such project notification.

          (b)  All monies collected under this section shall be deposited into the fund.

          (c)  The commission may delegate to the department responsibility for the collection of fees under this section.

          (d)  Any person required to pay a fee under this section who disagrees with the calculation or applicability of the fee may petition the commission for a hearing in accordance with Section 49-17-35, Mississippi Code of 1972.  Any hearing shall be in accordance with the provisions of Section 49-17-33, Mississippi Code of 1972.

          (e)  Fees collected under this section shall not supplant or reduce in any way the general fund appropriation to the department.

     SECTION 12.  Section 49-17-527, Mississippi Code of 1972, is amended as follows:

     49-17-527.  It is unlawful to:

          (a)  Fail or refuse to comply with any rule, regulation or order of the commission issued under Sections 49-17-501 through 49-17-531;

          (b)  Fail or refuse to establish, maintain, provide, copy, or permit access to records or reports as required by Sections 49-17-501 through 49-17-531 regulations adopted under Sections 49-17-501 through 49-17-531;

          (c)  Fail or refuse to permit entry or inspection as required by Sections 49-17-501 through 49-17-531 or regulations adopted under Sections 49-17-501 through 49-17-531;

          (d)  Obtain certification through fraudulent representation;

          (e)  Fail to obtain certification from the commission * * *or the United States Environmental Protection Agency and perform work requiring certification at a job site; or

          (f)  Fraudulently obtain certification and engage in any lead-based paint activities requiring certification.

     SECTION 13.  This act shall take effect and be in force from and after July 1, 2026.

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