Senate Bill 2548

AN ACT TO PROHIBIT THE USE OF LUMBER TREATED WITH CHROMATED COPPER ARSENATE IN STRUCTURES ON PUBLIC PLAYGROUNDS; TO REQUIRE SCHOOL ENTITIES TO MINIMIZE LEACHING OF COPPER ARSENATE FROM SUCH STRUCTURES; TO REQUIRE THE STATE DEPARTMENT OF PUBLIC HEALTH TO PROVIDE INFORMATION ON THE HAZARDS TO PUBLIC HEALTH; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The state, public school districts and political subdivisions of the state are prohibited from building any structure which uses lumber that is pressure treated with chromated copper arsenate on any playground owned or operated by such entity.

(2) The state, public school districts and political subdivisions of the state shall maintain and operate any playground owned or operated by such entities which has lumber pressure treated with chromated copper arsenate in such a manner as to minimize the leaching of chromated copper arsenate from the lumber. Each entity shall maintain the ground cover surrounding any such lumber in a manner to minimize exposure to potential chromated copper arsenate contamination.

(3) The State Department of Public Health shall provide information on the danger and hazards to public health and the environment from the use of chromated copper arsenate pressure treated lumber. The department shall also provide a list of less toxic materials which may be used as an alternative to the use of chromated copper arsenate pressure treated lumber. In addition, the department shall also provide information on nontoxic methods and materials that are available to adequately maintain playground structures constructed with chromate copper arsenate pressure treated lumber in a manner that minimizes the leaching of chromated copper arsenate from such structures. The department shall post signs warning of the hazards of chromated copper arsenate treated lumber in all playgrounds having playground structures constructed with such lumber.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.