MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) DeLano

Senate Bill 2250

(As Passed the Senate)

AN ACT TO AMEND SECTIONS 37-138-5, 37-138-11, 37-138-13, 37-138-14, 37-138-15, 37-138-17, 37-138-19 AND 37-138-21, MISSISSIPPI CODE OF 1972, TO RECOGNIZE ADDITIONAL PROFESSIONAL QUALIFICATIONS AND TRAINING FOR THE CERTIFICATION OF ASBESTOS ABATEMENT PERSONNEL, REMOVE CERTAIN RESTRICTIONS TO CERTIFICATION, AND ALIGN DEFINITIONS AND REQUIREMENTS WITH FEDERAL ASBESTOS ABATEMENT CERTIFICATION REQUIREMENTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-138-5, Mississippi Code of 1972, is amended as follows:

     37-138-5. * * *  (a)  "Abatement" means removal, encapsulation, enclosure or repair of or an operations and maintenance program for asbestos‑containing materials.

(b)  "Air monitor" means person who collects airborne samples for analysis of asbestos fibers during an abatement project including baseline, area, personal and clearance samples.

(c)  "Asbestos‑containing materials" (ACM) means any material or product which contains more than one percent (1%) asbestos.

  ( * * *da)  "Asbestos project" means a project for the abatement of asbestos-containing material (ACM) in school buildings, public buildings and commercial buildings except for exclusions adopted by the commission in accordance with Section 37-138-9(a) and except for abatement of asbestos-containing resilient floor tile, sheet vinyl flooring and associated adhesives, provided there is a two-working-day advance notification to the commission of the abatement of asbestos-containing floor tile, sheet vinyl flooring and associated adhesives, unless sanding, grinding, burning or sawing occurs or such abatement is otherwise considered a "response action" or would cause the material to become "friable" as both those terms are defined under 40 C.F.R. Section 763.83.

     ( * * *eb)  "Certificate" means a document authorizing a person to perform certain specific activities related to the identification, evaluation or abatement of ACM in school buildings, public buildings and commercial buildings as described in this chapter.

     ( * * *fc)  "Commercial building" means any privately owned building in which the public is invited or allowed access and any other privately owned building so located that the conduct of any asbestos abatement activities therein could reasonably expose any person or persons to ACM hazards, except that a commercial building shall not include any residence.

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

 * * * (h)  "Contractor" means a person who enters into a contract for the performance of an asbestos project.

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

 * * * (j)  "Inspector" means a person employed to inspect or reinspect for presence of ACM, collect samples of ACM confirmation and provide written assessment of ACM.

(k)  "Management plan" is a plan for abatement of ACM.

(l)  "Management planner" means a person employed to develop a management plan.

     ( * * *mf)  "Model plan" means the Model Accreditation Plan for states promulgated at Section I of Appendix C to Title 40, Part 763, Subpart E of the Code of Federal Regulations.

 * * * (n)  "Operations and maintenance program" means a program of work practices to maintain ACM in good condition, ensure cleanup of asbestos fibers previously released, and prevent further release by minimizing and controlling ACM disturbance or damage.

     ( * * *og)  "Person" means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association 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.

 * * * (p)  "Project designer" means a person who specifies engineering methods and work practices to be used during asbestos projects.

     ( * * *qh)  "Public building" means any building owned by the state, counties, municipalities, institutions of higher learning, community colleges or any political subdivision.

 * * * (r)  "School" means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 USCS 2854).

(s)  "School building" means:

  (i)  Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.

  (ii)  Any gymnasium or other facility which is specially designed for athletic or recreational activities or for an academic course in physical education.

  (iii)  Any other facility used for the instruction or housing of students or for the administration of educational or research programs.

(iv)  Any maintenance, storage or utility facility, including any hallway, essential to the operation of any facility described in this definition of "school building" under paragraphs (i), (ii) or (iii).

  (v)  Any portico or covered exterior hallway or walkway.

  (vi)  Any exterior portion of a mechanical system used to condition interior space.

(t)  "Supervisor" means a person designated by a contractor to be responsible for direction of day‑to‑day activities of an asbestos project.

(u)  "Worker" means a person who works on an asbestos project other than a project designer, contractor, supervisor or management planner.

     ( * * *vi)  The commission is authorized to adopt by promulgated regulation any or all additional definitions necessary to carry out the intent of this chapter.

     SECTION 2.  Section 37-138-11, Mississippi Code of 1972, is amended as follows:

     37-138-11.  (1)  It is unlawful for an individual who does not possess a valid management planner certificate to develop a management plan.

     (2)  To qualify for an asbestos management planner certificate, an applicant shall:

          (a)  (i)  Have attained a Bachelor of Science degree in engineering or its equivalent from an accredited university and be licensed * * * by the Mississippi Board of Registration for Professional Engineers and Land Surveyors as a registered professional engineer, or * * *, (ii) have attained a Bachelor of Science degree in architecture or its equivalent from an accredited university and be licensed as an architect * * * by the Mississippi Board of Architecture or * * *, (iii) have attained certification as a certified industrial hygienist or its equivalent in a related scientific field, or (iv) have satisfactorily completed, prior to April 1, 1990, an initial management planner training course approved by the United States Environmental Protection Agency and any applicable annual refresher training courses approved by the United States Environmental Protection Agency such that management planner training has been continuously current and is current as of April 1, 1990, for the purpose of satisfying this paragraph (a) only; however, this subparagraph ( * * *iiiiv) shall apply only to applicants applying for a certificate prior to November 1, 1991; and

          (b)  Satisfactorily complete a commission-approved training course for asbestos management planners, except that a management planner training course approved by, or an asbestos program authorized by, the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and

          (c)  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.

     (3)  Any certificate issued by the commission pursuant to this section and requirements (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.

     (4)  Each applicant for a management planner certificate shall, on an annual basis, submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

     SECTION 3.  Section 37-138-13, Mississippi Code of 1972, is amended as follows:

     37-138-13.  (1)  It is unlawful for any person who does not possess a valid project designer certificate to specify engineering methods and work practices under an asbestos project to another person.

     (2)  To qualify for a project designer certificate, an applicant shall:

          (a)  (i)  Have attained a Bachelor of Science degree in engineering or its equivalent from an accredited university and be licensed * * * by the Mississippi Board of Registration for Professional Engineers and Land Surveyors as a registered professional engineer, or * * *, (ii) have attained a Bachelor of Science degree in architecture or its equivalent from an accredited university and be licensed as an architect * * * by the Mississippi Board of Architecture, or * * *, (iii) have attained certification as a certified industrial hygienist or its equivalent in a related scientific field, or (iv) have satisfactorily completed prior to April 1, 1990, either a project designer training course or an asbestos abatement contractor training course and a supervisor's training course, each approved by the United States Environmental Protection Agency, and any applicable annual refresher training courses approved by the United States Environmental Protection Agency such that applicable training has been continuously current and is current as of April 1, 1990, for the purpose of satisfying this paragraph (a) only; however, this subparagraph ( * * *iiiiv) shall apply only to applicants applying for a certificate prior to November 1, 1991;

          (b)  Satisfactorily complete a commission-approved training course for project designers, except that a project designer training course approved by, or an asbestos program authorized by, the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and

          (c)  Demonstrate to the satisfaction of the commission that the applicant and applicant's employees and agents are familiar with and capable of complying with all applicable federal and state laws and regulations.

     (3)  Any certificate issued by the commission pursuant to this section and requirements (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.

     (4)  Each applicant for a project designer certificate shall, on an annual basis, submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

     SECTION 4.  Section 37-138-14, Mississippi Code of 1972, is amended as follows:

     37-138-14.  (1)  After January 1, 1995, it is unlawful for any person who does not possess a valid air monitor certificate to collect air samples for analysis of asbestos fibers during an abatement project.

     (2)  To qualify for an air monitor certificate, an applicant shall:

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

          (b)  Satisfactorily complete a commission-approved training course for supervisors. A supervisor training course approved by, or an asbestos program authorized by, the United States Environmental Protection Agency completed satisfactorily shall be sufficient to meet this requirement;

          (c)  Satisfactorily complete a commission-approved training course for collecting and evaluating air samples; and

          (d)  Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations.

     (3)  Any certificate issued by the commission pursuant to this section shall be renewed on an annual basis.

     (4)  Applicants for an air monitor certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of this certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in paragraphs (2)(b) and (2)(c) of this section. The applicant shall pay the applicable annual fee upon submitting his application for the air monitor certificate to the commission.

     SECTION 5.  Section 37-138-15, Mississippi Code of 1972, is amended as follows:

     37-138-15.  (1)  It is unlawful for any person who does not possess a valid contractor certificate to contract with another person for asbestos abatement.

     (2)  To qualify for a contractor certificate, an applicant shall:

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

          (b)  Satisfactorily complete a commission-approved training course for contractors, except that a contractor training course approved by, or an asbestos program authorized by, the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and

          (c)  Demonstrate to the satisfaction of the commission that the applicant and the applicant's employees, subcontractors and agents are familiar with and are capable of complying with all applicable federal and state laws and regulations.

     (3)  Any certificate issued by the commission pursuant to this section and requirements (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.

     (4)  Applicants for a contractor certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

     SECTION 6.  Section 37-138-17, Mississippi Code of 1972, is amended as follows:

     37-138-17.  (1)  It is unlawful for an individual who does not possess a valid supervisor certificate to direct an asbestos project.

     (2)  To qualify for an asbestos abatement supervisor certificate, an applicant shall:

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

          (b)  Satisfactorily complete a commission-approved training course for supervisors, except that a supervisor training course approved by, or an asbestos program authorized by, the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and

          (c)  Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations.

     (3)  Any certificate issued by the commission pursuant to this section and requirement (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.

     (4)  Applicants for a supervisor certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of this certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

     SECTION 7.  Section 37-138-19, Mississippi Code of 1972, is amended as follows:

     37-138-19.  (1)  It is unlawful for an individual who does not possess a valid inspector certificate to work as an asbestos inspector.

     (2)  To qualify for an inspector certificate, an applicant shall:

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

          (b)  Satisfactorily complete a commission-approved training course for inspectors, except that an inspector training course approved by, or an asbestos program authorized by, the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and

          (c)  Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying with all federal and state laws and regulations.

     (3)  Any certificate issued by the commission pursuant to this section and requirements (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.

     (4)  Applicants for an inspector certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

     SECTION 8.  Section 37-138-21, Mississippi Code of 1972, is amended as follows:

     37-138-21.  (1)  It shall be unlawful for an individual who does not possess a valid worker certificate to work as a worker on an asbestos project.

     (2)  It shall be unlawful for a contractor to employ a person as a worker on an asbestos project who does not possess a valid worker certificate in accordance with this section.

     (3)  To qualify for a worker certificate an individual shall:

          (a)  Satisfactorily complete a commission-approved training course for abatement workers, except that a worker training course approved by, or an asbestos program authorized by, the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement;

          (b)  Demonstrate to the satisfaction of the commission that the applicant is familiar with and is capable of complying fully with all applicable federal and state laws and regulations; and

          (c)  Provide written proof satisfactory to the commission, on forms prepared by the commission, of a physical examination by a physician licensed by the State Board of Medical Licensure or by a physician licensed to practice medicine in any other state approving the applicant to work on an asbestos project.  Requirement (c) of subsection (3) shall be renewed every three (3) years.  A chest X-ray is not required for either the initial or any renewal application.

     (4)  Any certificate issued by the commission pursuant to this section and requirements (a) and (b) of subsection (3) of this section shall be renewed on an annual basis.

     (5)  Applicants for a worker certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of training course(s) specified in subsection (3)(a) above and shall pay the applicable annual fee.

     SECTION 9.  This act shall take effect and be in force from and after July 1, 2025.