Wastewater treatment and rural water associations; bring forward provisions related to.

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To: Public Utilities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Roberson

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1049

AN ACT TO BRING FORWARD SECTIONS 41-67-1, 41-67-2, 41-67-3, 1
41-67-4, 41-67-5, 41-67-6, 41-67-7, 41-67-9, 41-67-10, 41-67-11, 2
41-67-12, 41-67-15, 41-67-19, 41-67-21, 41-67-23, 41-67-25, 3
41-67-27, 41-67-28, 41-67-29, 41-67-33, 41-67-37, 41-67-39, 4
41-67-41, 41-67-101, 11-27-81, 49-2-131, 49-17-745, 97-25-59, 5
17-25-13, 17-25-29, 19-5-131, 19-5-167, 19-5-175, 21-25-51, 6
21-25-53, 21-25-55, 21-25-57, 21-25-59, 21-27-7, 21-27-75, 7
27-104-7, 31-7-9, 41-3-16, 41-3-16.1, 41-26-23, 41-26-101, 8
77-13-29, 41-3-15, 45-23-15, 65-1-8, 19-31-5, 19-31-19, 19-31-21, 9
21-27-203, 21-27-205, 21-27-207, 21-27-211, 21-27-213, 27-104-301, 10
27-104-371, 41-26-14, 47-5-94, 49-17-29, 49-17-83, 49-17-403, 11
49-17-703, 49-17-705, 49-17-739, 49-17-743, 49-17-747, 49-17-751, 12
49-17-753, 49-19-35, 51-8-1, 51-8-3, 51-39-7, 51-43-3, 57-75-9, 13
57-75-11, 57-75-37, 63-3-809, 77-1-11 AND 77-3-97, MISSISSIPPI 14
CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED 15
PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 41-67-1, Mississippi Code of 1972, is 18
brought forward as follows: 19
41-67-1. (1) This chapter shall be known and may be cited 20
as the "Mississippi Individual On-Site Wastewater Disposal System 21
Law." 22
(2) It is the purpose of the Legislature through this 23
chapter to protect human health and the environment while 24
providing for reasonable use of individual on-site wastewater 25
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disposal systems. The Legislature finds that continued 26
installation and operation of individual on-site wastewater 27
disposal systems in a faulty or improper manner, in a manner that 28
lacks essential maintenance for the system, or in areas where 29
unsuitable soil and population density adversely affect the 30
efficiency and functioning of these systems, has a detrimental 31
effect on the public health and welfare and the environment 32
through contamination of land, groundwater and surface waters. 33
The Legislature, therefore, expresses a general preference for the 34
installation and operation of centralized wastewater treatment 35
systems in Mississippi, where feasible. The Legislature 36
recognizes, however, that individual on-site wastewater treatment 37
and disposal systems help meet the needs of the state's citizens, 38
especially in rural locations, and can be rendered ecologically 39
safe and protective of the public health if the systems are 40
designed, installed, constructed, maintained and operated 41
properly. It is the intent of the Legislature to allow the 42
continued installation, use and maintenance of individual on-site 43
wastewater disposal systems in a manner that will not jeopardize 44
public health and welfare or the environment. 45
SECTION 2. Section 41-67-2, Mississippi Code of 1972, is 46
brought forward as follows: 47
41-67-2. For purposes of this chapter, the following words 48
shall have the meanings ascribed herein unless the context clearly 49
indicates otherwise: 50
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(a) "Advanced treatment system" means an individual 51
on-site wastewater treatment system that complies with Section 52
41-67-10. 53
(b) "Board" means the Mississippi State Board of 54
Health. 55
(c) "Centralized wastewater treatment system" means a 56
wastewater collection and treatment system that consists of 57
collection sewers and a centralized treatment facility other than 58
an individual on-site wastewater disposal system. 59
(d) "Certified installer" means any person who has met 60
the requirements of Section 41-67-25. 61
(e) "Certified manufacturer" means any person 62
registered with the department who holds a written certification 63
issued by the department allowing the manufacturer to sell on-site 64
wastewater products in the state. 65
(f) "Certified professional evaluator" means any person 66
who has met the requirements of Section 41-67-37 or a licensed 67
professional engineer. 68
(g) "Certified pumper" means any person registered with 69
the department who holds a written certification issued by the 70
department allowing the person to engage in the removal and 71
disposal of sludge, grease and waste and who has met the 72
requirements of Section 41-67-39. 73
(h) "Cluster system" means a wastewater collection and 74
treatment system under some form of common or private ownership 75
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and management that provides treatment and dispersal/discharge of 76
wastewater from two (2) or more homes or buildings but less than a 77
subdivision. 78
(i) "Conventional system" means an individual on-site 79
wastewater disposal system consisting of a septic tank and 80
subsurface disposal field. 81
(j) "Department" means the Mississippi State Department 82
of Health. 83
(k) "Decentralized wastewater treatment system" means 84
any commercial wastewater treatment for fewer than ten (10) lots. 85
(l) "Effluent" means sewage, water, or other liquid, 86
partially or completely treated or in its natural state, flowing 87
out of a septic tank, advanced treatment system, or other 88
treatment system or system component by the department. 89
(m) "Final approval" means an issuance of a document 90
from the department stating that a determination has been made by 91
the department that the individual on-site wastewater disposal 92
system recommended/designed has been installed and fulfills all 93
requirements under this chapter or any variance that has been 94
granted by the department. 95
(n) "Generator" means any person whose act or process 96
produces sewage or other material suitable for disposal in an 97
individual on-site wastewater disposal system. 98
(o) "Individual on-site wastewater disposal system" 99
means a sewage treatment and effluent disposal system that does 100
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not discharge into waters of the state, that serves only one (1) 101
legal tract, that accepts only residential waste and similar waste 102
streams maintained on the property of the generator, and that is 103
designed and installed in accordance with this law and regulations 104
of the board. 105
(p) "Notice of intent" means notification by an 106
applicant to the department prior to construction and submission 107
of all required information, which is used by the department to 108
initiate the process to evaluate the property for the suitability 109
of an individual on-site wastewater disposal system. 110
(q) "Performance-based system" means an individual 111
on-site wastewater disposal system designed to meet standards 112
established to designate a level of treatment of wastewater that 113
an individual on-site wastewater disposal system must meet, 114
including, but not limited to, biochemical oxygen demand, total 115
suspended solids, nutrient reduction and fecal coliform. 116
(r) "Permit/recommendation" means that a person has 117
filed a notice of intent with the department and the department 118
has made a determination of the suitability of the property for 119
the use of an individual on-site wastewater disposal system. 120
(s) "Person" means any individual, trust, firm, 121
joint-stock company, public or private corporation (including a 122
government corporation), partnership, association, state, or any 123
agency or institution thereof, municipality, commission, political 124
subdivision of a state or any interstate body, and includes any 125
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officer or governing or managing body of any municipality, 126
political subdivision, or the United States or any officer or 127
employee thereof. 128
(t) "Plot plan" means a property drawing reflecting 129
property lines, site features (such as ponds, wells, etc.), 130
dwellings and any other intended uses of the property therein 131
including encumbrances. 132
(u) "Property of the generator" means land owned by or 133
under permanent legal easement or lease to the generator. 134
(v) "Qualified homeowner maintenance provider" means 135
the current owner of a specific residence where that homeowner 136
resides and where the homeowner has met the requirements of the 137
rules and regulations of the department to provide maintenance for 138
his or her system. 139
(w) "Licensed professional engineer" means any person 140
who has met the requirements under Section 73-13-23(1) and who has 141
been issued a certificate of registration as a professional 142
engineer. 143
(x) "Septage" means the liquid, solid, and semisolid 144
material that results from wastewater pretreatment in a septic 145
tank, portable toilet, or grease trap, which must be pumped, 146
hauled, treated and disposed of properly. 147
(y) "Subdivision" means any tract or combination of 148
adjacent tracts of land that is subdivided into ten (10) or more 149
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tracts, sites or parcels for the purpose of commercial or 150
residential development. 151
SECTION 3. Section 41-67-3, Mississippi Code of 1972, is 152
brought forward as follows: 153
41-67-3. (1) The board and/or the department shall have the 154
following duties and responsibilities: 155
(a) To exercise general supervision over the design, 156
installation, operation and maintenance of individual on-site 157
wastewater disposal systems, decentralized wastewater treatment 158
systems and cluster systems; 159
(b) To adopt, modify, repeal and promulgate rules and 160
regulations, after due notice and hearing, and where not otherwise 161
prohibited by federal or state law, to make exceptions to, to 162
grant exemptions from and to enforce rules and regulations 163
implementing or effectuating the duties of the board under this 164
chapter to protect the public health. The board may grant 165
variances from rules and regulations adopted under this chapter, 166
including requirements for buffer zones, or from setbacks required 167
under Section 41-67-7 where the granting of a variance shall not 168
subject the public to unreasonable health risks or jeopardize 169
environmental resources; 170
(c) To provide or deny certification for persons 171
engaging in the business for hire of the installation, operation 172
or maintenance of individual on-site wastewater disposal systems 173
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and persons engaging in the removal and disposal of the sludge and 174
liquid waste from those systems; 175
(d) To suspend or revoke certifications issued to 176
persons engaging in the business for hire of the installation, 177
operation or maintenance of individual on-site wastewater disposal 178
systems or persons engaging in the removal and disposal of the 179
sludge and liquid waste from those systems, when it is determined 180
the person has violated this chapter or applicable rules and 181
regulations; 182
(e) To require the submission of information deemed 183
necessary by the department to determine the suitability of 184
individual lots for individual on-site wastewater disposal systems 185
for the purpose of commercial or residential development; and 186
(f) To adopt, modify, repeal and promulgate rules and 187
regulations, after due notice and hearing, and where not otherwise 188
prohibited by federal or state law, as necessary to determine the 189
suitability of individual on-site wastewater disposal systems in 190
subdivisions. 191
(2) To assure the effective and efficient administration of 192
this chapter, the board shall adopt rules governing the design, 193
construction or installation, operation and maintenance of 194
individual on-site wastewater disposal systems, including rules 195
concerning the: 196
(a) Review and approval of individual on-site 197
wastewater disposal systems in accordance with Section 41-67-6; 198
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(b) Certification of installers; 199
(c) Certification of pumpers; 200
(d) Certification of manufacturers; 201
(e) Certification of professional evaluators; and 202
(f) Creation of regulations that authorize the original 203
and any subsequent homeowner to be trained by certified installers 204
as defined in Section 41-67-25(2) or other factory representatives 205
in order to educate the homeowner with the necessary knowledge to 206
provide maintenance to the homeowner's system; no fees shall be 207
charged to the homeowner for such training, thus allowing the 208
homeowner to meet the requirements of Section 41-67-7(5). 209
(3) In addition, the board shall adopt rules establishing 210
performance standards for individual on-site wastewater disposal 211
systems for single family residential generators and rules 212
concerning the operation and maintenance of individual on-site 213
wastewater disposal systems designed to meet those standards. The 214
performance standards shall be consistent with the federal Clean 215
Water Act, maintaining the wastes on the property of the generator 216
and protection of the public health. Rules for the operation and 217
maintenance of individual on-site wastewater disposal systems 218
designed to meet performance standards shall include rules 219
concerning the following: 220
(a) A standard application form and requirements for 221
supporting documentation; 222
(b) Application review; 223
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(c) Approval or denial of authorization for proposed 224
systems; 225
(d) Requirements, as deemed appropriate by the board, 226
for annual renewal of authorization; 227
(e) Enforcement of the requirements and conditions of 228
authorization; and 229
(f) Inspection, monitoring, sampling and reporting on 230
the performance of the system. 231
Any system proposed for authorization in accordance with 232
performance standards must be designed and certified by a licensed 233
professional engineer in the State of Mississippi and must be 234
authorized by the department before installation. 235
(4) To the extent practicable, all rules and regulations 236
adopted under this chapter shall give maximum flexibility to 237
persons installing individual on-site wastewater disposal systems 238
and all options consistent with the federal Clean Water Act, 239
consistent with maintaining the wastes on the property of the 240
generator and consistent with protection of the public health. In 241
addition, all rules and regulations, to the extent practicable, 242
shall encourage the use of economically feasible systems, 243
including all techniques and technologies for individual on-site 244
wastewater disposal. 245
(5) All regulations shall be applied uniformly in all areas 246
of the state and shall take into consideration and make provision 247
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for different types of soil in the state when performing soil and 248
site evaluations. 249
SECTION 4. Section 41-67-4, Mississippi Code of 1972, is 250
brought forward as follows: 251
41-67-4. (1) The department shall determine the feasibility 252
of establishing centralized wastewater treatment systems upon the 253
submission by the developer of a preliminary design and 254
feasibility study prepared by a licensed professional engineer. 255
The developer may request and obtain a hearing before the board if 256
the developer is dissatisfied with the department's determination 257
of feasibility. The determination that a centralized wastewater 258
treatment system must be established shall be made without regard 259
to whether the establishment of a centralized wastewater treatment 260
system is authorized by law or is subject to approval by one or 261
more state or local government or public bodies. Whenever a 262
developer requests a determination of feasibility, the department 263
must make the determination within thirty (30) days after receipt 264
of the preliminary design and feasibility study from the 265
developer. The department shall state in writing the reasons for 266
its determination. If the department does not make a 267
determination within thirty (30) days, all sites within the 268
subdivision shall be approved, if a certified installer attests or 269
a department environmentalist determines that each site can be 270
adequately served by an individual on-site wastewater disposal 271
system. 272
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(2) Where subdivisions are proposed that are composed of 273
fewer than thirty-five (35) building sites, and no centralized 274
wastewater treatment system is available, the department may waive 275
the requirement for a feasibility study. If the feasibility study 276
is waived, all sites within the subdivision shall be approved, if 277
a certified installer attests or a department environmentalist 278
determines that each site can be adequately served by an 279
individual on-site wastewater disposal system. 280
(3) No feasibility study or centralized wastewater treatment 281
system shall be required for subdivisions designed, laid out, 282
platted or partially constructed before July 1, 1988, or for any 283
subdivision that was platted and recorded during the period from 284
July 1, 1995, through June 30, 1996. 285
(4) "Feasibility study" means a written evaluation and 286
analysis of the potential of a proposed project that is based on 287
investigation and research by a licensed professional engineer to 288
give cost comparison between centralized or decentralized 289
treatment and disposal and individual on-site wastewater disposal 290
systems. 291
SECTION 5. Section 41-67-5, Mississippi Code of 1972, is 292
brought forward as follows: 293
41-67-5. (1) No owner, lessee or developer shall construct 294
or place any mobile, modular or permanently constructed residence, 295
building or facility, which may require the installation of an 296
individual on-site wastewater disposal system, without having 297
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first submitted a notice of intent to the department. Upon 298
receipt of a notice of intent, the department shall provide the 299
owner, lessee or developer with complete information on individual 300
on-site wastewater disposal systems, including, but not limited 301
to, applicable rules and regulations regarding the design, 302
installation, operation and maintenance of individual on-site 303
wastewater disposal systems and known requirements of lending 304
institutions for approval of the systems. 305
(2) No public utility supplying water shall make connection 306
to any dwelling, house, mobile home or residence without the prior 307
written approval of the department certifying that the plan for 308
the sewage treatment and disposal system at the location of the 309
property complies with this chapter. Connections of water 310
utilities may be made during construction if the department has 311
approved a plan for a sewage treatment and disposal system and the 312
owner of the property has agreed to have the system inspected and 313
approved by the department before the use or occupancy of the 314
property. 315
(3) The department shall furnish to the county tax assessor 316
or collector, upon request, the name and address of the person 317
submitting a notice of intent and the section, township and range 318
of the lot or tract of land on which the individual on-site 319
wastewater disposal system will be installed. 320
SECTION 6. Section 41-67-6, Mississippi Code of 1972, is 321
brought forward as follows: 322
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41-67-6. (1) Nothing in this chapter shall preclude a 323
certified professional evaluator or licensed professional engineer 324
from providing services relating to the design of an individual 325
on-site wastewater disposal system to comply with this chapter, 326
except for performance-based systems as specified in Section 327
41-67-3(3). A certified professional evaluator or licensed 328
professional engineer shall notify the department in writing of 329
those services being provided, including the type of treatment, 330
the type of disposal, and the property address for the treatment 331
and disposal system. Construction or installation shall not begin 332
before authorization by the department. The department shall 333
respond within ten (10) business days with authorization that the 334
certified professional evaluator or licensed professional engineer 335
fulfills the requirements of the law. 336
(2) Within five (5) working days following receipt of the 337
notice of intent and plot plan by an owner, lessee or developer of 338
any lot or tract of land, the department shall conduct a soil and 339
site evaluation, except in cases where a certified professional 340
evaluator or licensed professional engineer provides services 341
relating to the design, construction or installation of an 342
individual on-site wastewater disposal system to comply with this 343
chapter. All regulations shall be applied uniformly in all areas 344
of the state and shall take into consideration and make provision 345
for different types of soil in the state when performing soil and 346
site evaluations. Within ten (10) additional working days, the 347
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department shall make recommendations to the owner, lessee or 348
developer of the type or types of individual on-site wastewater 349
disposal systems suitable for installation on the lot or tract, 350
unless there are conditions requiring further investigation that 351
are revealed in the initial evaluation. In making recommendations 352
on the type or types of individual on-site wastewater disposal 353
systems suitable for installation on a lot or tract, personnel of 354
the department shall use best professional judgment based on rules 355
and regulations adopted by the board, considering the type or 356
types of systems which are installed and functioning on lots or 357
tracts near the subject lot or tract. To the extent practicable, 358
the recommendations shall give the owner, lessee or developer 359
maximum flexibility and all options consistent with the federal 360
Clean Water Act, consistent with maintaining the wastes on the 361
property of the generator and consistent with protection of the 362
public health. The system or systems recommended shall be 363
environmentally sound and cost-effective. The department, a 364
licensed professional engineer or a certified professional 365
evaluator shall provide complete information, including all 366
applicable requirements and regulations on all systems 367
recommended. The owner, lessee or developer shall have the right 368
to choose among systems. The department shall provide the owner, 369
lessee or developer with a permit/recommendation that specifies 370
all types of individual on-site wastewater disposal systems that 371
are suitable for installation on the lot or tract. 372
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(3) Within thirty (30) days of receipt of a request for 373
determination of suitability of individual on-site wastewater 374
disposal systems in a subdivision, the department shall advise the 375
developer in writing either that all necessary information needed 376
for determination of suitability has been received or state the 377
additional information needed by the department for determination 378
of suitability. 379
(4) Whenever a developer requests a determination of 380
suitability of individual on-site wastewater disposal systems in a 381
subdivision, the department must make the determination within 382
thirty (30) days after receipt of all necessary information needed 383
for the determination of suitability from the developer. The 384
department shall state in writing the reasons for its 385
determination. 386
(5) (a) The certified installer shall notify the department 387
at least twenty-four (24) hours before beginning installation of 388
an individual on-site wastewater disposal system and, at that 389
time, schedule a time for inspection of the system with the 390
appropriate county department of health. 391
(b) A certified installer, or designated agent thereof, 392
shall not cover his work with soil or other surface material 393
unless the installer has received authorization to cover the 394
system after an inspection by a department environmentalist, or 395
unless a department environmentalist does not arrive for 396
inspection within thirty (30) minutes of the designated and agreed 397
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upon time, in which case a certified installer, or designated 398
agent thereof, may submit an affidavit of proper installation to 399
the department for final approval. 400
(6) A person may not design, construct or install, or cause 401
to be designed, constructed or installed an individual on-site 402
wastewater disposal system that does not comply with this chapter 403
and rules and regulations of the board. 404
(7) Any lot or tract that is two (2) acres or larger shall 405
be exempt from the requirements of this chapter and regulations of 406
the department relating to approval of individual on-site 407
wastewater disposal systems by the department, and shall be exempt 408
from the provisions of Section 41-67-5(2), provided that: 409
(a) All wastewater is contained on the lot or tract; 410
(b) No watercourse, as defined in Section 51-3-3(h), of 411
Mississippi or the United States is impacted; and 412
(c) The person who installed the individual on-site 413
wastewater disposal system provides the department with a signed 414
affidavit attesting that the requirements of paragraphs (a) and 415
(b) are met. 416
SECTION 7. Section 41-67-7, Mississippi Code of 1972, is 417
brought forward as follows: 418
41-67-7. (1) Approval of the design, construction or 419
installation of an individual on-site wastewater disposal system 420
by the department is required, except as otherwise provided in 421
Section 41-67-6(7). Upon completion of installation of the 422
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system, the department shall approve the design, construction or 423
installation of that system, as requested, if the system is 424
designed, constructed and installed, as the case may be, in 425
accordance with the rules and regulations of the board. Whenever 426
a person requests approval of an individual on-site wastewater 427
disposal system and has met the requirements in subsection (3) of 428
this section, the department must approve or disapprove the 429
request within five (5) working days. If the department 430
disapproves the request, the department shall state in writing the 431
reasons for the disapproval. If the department does not respond 432
to the request within ten (10) calendar days, the request for 433
approval of the individual on-site wastewater disposal system 434
shall be deemed approved. 435
(2) Individual on-site wastewater disposal systems shall be 436
considered acceptable, provided the following requirements are 437
met: 438
(a) Centralized wastewater treatment systems are not 439
available or feasible; 440
(b) The existing disposal systems in the area are 441
functioning satisfactorily; 442
(c) Soil types, soil texture, seasonal water tables and 443
other limiting factors are satisfactory for underground 444
absorption; 445
(d) Any private water supply is located at a higher 446
elevation or it must be properly protected, and at least fifty 447
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(50) feet from the individual on-site wastewater disposal system 448
and at least one hundred (100) feet from the disposal field of the 449
system; and 450
(e) The systems meet applicable water quality 451
requirements of Section 41-67-10. 452
(3) After construction or installation of the individual 453
on-site wastewater disposal system, the property owner or his 454
agent shall provide a final approval request containing the 455
following to the department: 456
(a) A signed affidavit from the installer that the 457
system was installed in compliance with all requirements, 458
regulations and permit conditions applicable to the system 459
installed; and 460
(b) For any advanced treatment system, an affidavit 461
from the property owner agreeing to a continuing maintenance 462
agreement on the installed system at the end of the required 463
manufacturer's maintenance agreement. 464
(4) If any person or certified installer fails to obtain 465
final approval or submit an affidavit of proper installation to 466
the department in the installation of the system, the board, after 467
due notice and hearing, may levy an administrative fine not to 468
exceed Ten Thousand Dollars ($10,000.00). Each wastewater system 469
installed not in compliance with this chapter or applicable rules 470
and regulations of the board may be considered a separate offense. 471
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(5) The property owner, if not a qualified homeowner 472
maintenance provider, shall keep a continuing maintenance 473
agreement with a certified installer on all advanced treatment 474
systems in perpetuity. Any person violating this subsection shall 475
be subject to the penalties and damages as provided in Section 476
41-67-28(5). 477
SECTION 8. Section 41-67-9, Mississippi Code of 1972, is 478
brought forward as follows: 479
41-67-9. (1) All existing individual on-site wastewater 480
disposal systems on July 1, 2014, shall be grandfathered in until 481
a valid complaint is registered with a county department of health 482
or until a property owner requests an inspection by the 483
department. 484
(2) All existing individual on-site wastewater disposal 485
systems shall be considered acceptable provided the following 486
requirements are met: 487
(a) The existing individual on-site wastewater disposal 488
system and all treated effluent is contained on the property of 489
the generator; 490
(b) No evidence that any insufficiently treated 491
effluent is leaving the property of the generator or has been 492
seeping to the surface of the ground; 493
(c) Centralized wastewater treatment systems are not 494
available; 495
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(d) If a private water supply well is present, the well 496
should be located at a higher elevation than the disposal system 497
and is protected from surface contamination by a concrete slab of 498
a thickness of at least four (4) inches extending at least two (2) 499
feet in all directions from the well casing; and 500
(e) If an advanced treatment system is used, the 501
property owner shall be required to contact an authorized 502
representative of a certified manufacturer of the specific 503
advanced treatment system to provide a continuous maintenance 504
agreement or provide the property owner training to become a 505
qualified homeowner maintenance provider. 506
(3) Owners of property on which an existing individual 507
on-site wastewater disposal system does not meet the requirements 508
of subsection (2) of this section shall be required by the 509
department to meet Section 41-67-6 or Section 41-67-21. 510
SECTION 9. Section 41-67-10, Mississippi Code of 1972, is 511
brought forward as follows: 512
41-67-10. (1) Advanced treatment systems may be installed 513
only if they have been tested and are listed by an American 514
National Standards Institute (ANSI) third-party certifying program 515
at the time of installation. Advanced treatment systems shall be 516
in compliance with standards for a Class I system as defined by 517
the most current revision of American National Standards 518
Institute/National Sanitation Foundation (ANSI/NSF) International 519
Standard Number 40, which are incorporated by reference. An 520
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approved ANSI third-party certifying program shall comply with the 521
following provisions for systems which it has certified to be 522
installed in Mississippi: 523
(a) Be accredited by the American National Standards 524
Institute; 525
(b) Have established procedures which send 526
representatives to distributors in Mississippi on a recurring 527
basis to conduct evaluations to assure that distributors of 528
certified advanced treatment systems are providing proper 529
maintenance, have sufficient replacement parts available and are 530
maintaining service records; 531
(c) Notify the department of the results of monitoring 532
visits to manufacturers and distributors within sixty (60) days of 533
the conclusion of the monitoring; and 534
(d) Submit completion reports on testing and any other 535
information as the department may require for its review. 536
(2) All manufacturers of advanced treatment systems 537
certified in Mississippi shall provide technical training staff to 538
the department as needed. 539
SECTION 10. Section 41-67-11, Mississippi Code of 1972, is 540
brought forward as follows: 541
41-67-11. (1) Individual on-site wastewater disposal 542
systems may be approved in an area where individual on-site 543
wastewater disposal systems otherwise would not be approved 544
because of the availability or feasibility of connection to a 545
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centralized wastewater treatment system only after a contract has 546
been awarded or other definite commitments as are deemed 547
sufficient to the department are formalized for the construction 548
of a centralized wastewater treatment system that upon completion 549
will adequately serve the property. Individual on-site wastewater 550
disposal systems shall only be approved when the centralized 551
wastewater treatment system will be completed and available for 552
use within thirty-six (36) months. The department may approve the 553
installation of a system under these circumstances only if the 554
system will comply with the requirements of Section 41-67-5(1) and 555
comply with all construction requirements of the department. The 556
system may be installed only after the developer has signed a 557
written agreement with the centralized wastewater treatment 558
provider stating that the developer will connect to the 559
centralized wastewater treatment system when it becomes available, 560
and the provider of the centralized wastewater treatment system 561
being constructed certifies that the centralized wastewater 562
treatment system will have adequate capacity to accept the sewage 563
to be produced by the individual on-site wastewater disposal 564
systems. The developer shall install an internal sewage 565
collection system from each lot to the connection point to the 566
centralized wastewater treatment system as he develops the streets 567
of the subdivision. Upon completion of the construction of the 568
centralized wastewater treatment system, all individual on-site 569
wastewater disposal systems shall be abandoned and all residences, 570
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buildings or facilities connected to the centralized wastewater 571
treatment system. 572
(2) The department may approve the use of a sewage holding 573
tank for the purpose of providing sewage services. The department 574
shall require the proper abandonment and removal of the sewage 575
holding tank and connection to a centralized wastewater treatment 576
system when that system is available, or the usage is no longer 577
needed. 578
SECTION 11. Section 41-67-12, Mississippi Code of 1972, is 579
brought forward as follows: 580
41-67-12. (1) The department shall assess fees in the 581
following amounts for the following purposes: 582
(a) A fee of One Hundred Dollars ($100.00) shall be 583
levied for soil and site evaluation and recommendation of 584
individual on-site wastewater disposal systems. The department 585
may increase the amount of the fee authorized in this paragraph 586
(a) not more than two (2) times during the period from July 1, 587
2016, through June 30, 2020, with the percentage of each increase 588
being not more than five percent (5%) of the amount of the fee in 589
effect at the time of the increase. 590
(b) A fee of One Hundred Fifty Dollars ($150.00) shall 591
be levied once every three (3) years for the certification of 592
installers and pumpers. 593
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(c) A fee of Three Hundred Dollars ($300.00) shall be 594
levied once every three (3) years for the registration of 595
manufacturers. 596
Any increase in the fee charged by the department under 597
paragraph (b) or (c) of this subsection shall be in accordance 598
with the provisions of Section 41-3-65. 599
(2) In the discretion of the board, a person shall be liable 600
for a penalty equal to one and one-half (1-1/2) times the amount 601
of the fee due and payable for failure to pay the fee on or before 602
the date due, plus any amount necessary to reimburse the cost of 603
collection. 604
(3) No fee authorized under this section shall be assessed 605
by the department for state agencies or institutions, including, 606
without limitation, foster homes licensed by the Mississippi 607
Department of Child Protection Services. 608
SECTION 12. Section 41-67-15, Mississippi Code of 1972, is 609
brought forward as follows: 610
41-67-15. Nothing in this chapter shall limit the authority 611
of a municipality or board of supervisors to adopt similar 612
ordinances which may be, in whole or in part, more restrictive 613
than this chapter, and in those cases the more restrictive 614
ordinances will govern. The department shall not approve any 615
system that does not comply with an ordinance adopted by a 616
municipality or board of supervisors under the authority of this 617
section. 618
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SECTION 13. Section 41-67-19, Mississippi Code of 1972, is 619
brought forward as follows: 620
41-67-19. Each authorized agent of the department 621
implementing this chapter shall demonstrate to the department's 622
satisfaction that the person: 623
(a) Is competent to review and provide any requested 624
approval of design and installation of individual on-site 625
wastewater disposal systems, as well as the operation, repair or 626
maintenance of those systems, to make soil permeability tests or 627
soil and site evaluations, and to conduct inspections of 628
individual on-site wastewater disposal systems in accordance with 629
this chapter and rules and regulations adopted under this chapter; 630
and 631
(b) Has successfully completed the department's 632
certification training program. 633
SECTION 14. Section 41-67-21, Mississippi Code of 1972, is 634
brought forward as follows: 635
41-67-21. (1) The department shall require a property owner 636
and/or lessee to repair a malfunctioning individual on-site 637
wastewater disposal system on the owner's or lessee's property 638
before the thirtieth day after the date on which the owner or 639
lessee is notified by the department of the malfunctioning system. 640
(2) The property owner and/or lessee shall take adequate 641
measures as soon as practicable to abate an immediate health 642
hazard. 643
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(3) If an existing residential individual on-site wastewater 644
disposal system is malfunctioning, the system shall be repaired to 645
reduce the volume of effluent, to adequately treat the effluent 646
and to the greatest extent possible, to confine the discharge to 647
the property of the generator. If repairs are made to 648
significantly upgrade the existing individual on-site wastewater 649
disposal system, the department shall approve the system, if 650
requested. 651
(4) The property owner or lessee may be assessed a civil 652
penalty not to exceed Five Dollars ($5.00) for each day the 653
individual on-site wastewater disposal system remains unrepaired 654
after the thirty-day period specified in subsection (1) of this 655
section. 656
(5) The board may assess the property owner or lessee of an 657
individual on-site wastewater disposal system authorized under 658
Section 41-67-3(3) a civil penalty not to exceed Five Dollars 659
($5.00) for each day the system fails to meet the performance 660
standards of that system after the thirty-day period specified in 661
subsection (1) of this section. 662
(6) All penalties collected by the board under this section 663
shall be deposited in the State General Fund. 664
(7) Appeals from the imposition of civil penalty under this 665
section may be taken as provided in Section 41-67-29. 666
SECTION 15. Section 41-67-23, Mississippi Code of 1972, is 667
brought forward as follows: 668
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41-67-23. The department or its authorized representative 669
may enter onto property and make inspections of any individual 670
on-site wastewater disposal system as necessary to ensure that the 671
system is in compliance with this chapter and the rules and 672
regulations adopted under this chapter. The department shall give 673
reasonable notice to any property owner, lessee or occupant prior 674
to entry onto the property. The owner, lessee, owner's 675
representative, or occupant of the property on which the system is 676
located shall give the department or its authorized representative 677
reasonable access to the property at reasonable times to make 678
necessary inspections. 679
SECTION 16. Section 41-67-25, Mississippi Code of 1972, is 680
brought forward as follows: 681
41-67-25. (1) A person may not operate as an installer of 682
individual on-site wastewater disposal systems unless that person 683
is currently certified by the department. A person who installs 684
an individual on-site wastewater disposal system on his own 685
property for his primary residence is not considered an installer 686
for purposes of this subsection. 687
(2) An installer of advanced treatment systems or products 688
must be a factory-trained and authorized representative. The 689
manufacturer must furnish documentation to the department 690
certifying the satisfactory completion of factory training and the 691
establishment of the installer as an authorized manufacturer's 692
representative. 693
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(3) The department shall issue a certification to an 694
installer if the installer: 695
(a) Completes an application form that complies with 696
this chapter and rules and regulations adopted by the board; 697
(b) Satisfactorily completes the training program for 698
installation and maintenance provided by the department; 699
(c) Pays the certification fee once every three (3) 700
years, which shall be an amount not greater than One Hundred Fifty 701
Dollars ($150.00); any increase in the fee charged by the 702
department under this paragraph shall be in accordance with the 703
provisions of Section 41-3-65; and 704
(d) Provides proof of having a valid general business 705
liability insurance policy in effect with liability limits of at 706
least Fifty Thousand Dollars ($50,000.00) per occurrence and at 707
least One Hundred Thousand Dollars ($100,000.00) in total 708
aggregate amount. 709
(4) Each installer shall furnish proof of certification to a 710
property owner, lessee, the owner's representative or occupant of 711
the property on which an individual on-site wastewater disposal 712
system is to be designed, constructed, repaired or installed by 713
that installer and to the department or its authorized 714
representative, if requested. 715
(5) The department shall provide for renewal of 716
certifications once every three (3) years. 717
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(6) (a) An installer's certification may be suspended or 718
revoked by the department after notice and hearing if the 719
installer violates this chapter or any rule or regulation adopted 720
under this chapter. 721
(b) The installer may appeal a suspension or revocation 722
under this section as provided by law. 723
(7) The department shall disseminate to the public an 724
official list of certified installers. 725
(8) If any person is operating in the state as an installer 726
without certification by the board, the board, after due notice 727
and opportunity for a hearing, may impose a monetary penalty not 728
to exceed Ten Thousand Dollars ($10,000.00) for each violation. 729
(9) The department shall provide for renewal of installer 730
certifications to be applied for at the local department offices. 731
SECTION 17. Section 41-67-27, Mississippi Code of 1972, is 732
brought forward as follows: 733
41-67-27. A person may not operate a business in or do 734
business in the State of Mississippi as a manufacturer of 735
components used in an individual on-site wastewater disposal 736
system without holding a valid manufacturer's registration issued 737
by the department. If any person is operating in the state as a 738
manufacturer without certification by the department, the 739
department, after due notice and opportunity for a hearing, may 740
impose a monetary penalty not to exceed Ten Thousand Dollars 741
($10,000.00) for each violation. 742
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SECTION 18. Section 41-67-28, Mississippi Code of 1972, is 743
brought forward as follows: 744
41-67-28. (1) Except as otherwise provided in this chapter, 745
any person who shall knowingly violate this chapter or any rule or 746
regulation or written order of the board in pursuance thereof is, 747
upon conviction, guilty of a misdemeanor and shall be punished as 748
provided in Section 41-3-59. 749
(2) Each day of a continuing violation is a separate 750
violation. 751
(3) (a) In addition to all other statutory and common law 752
rights, remedies and defenses, any person who purchases an 753
individual on-site wastewater disposal system and suffers any 754
ascertainable loss of money or property, real or personal, may 755
bring an action at law in the court having jurisdiction in the 756
county in which the installer or manufacturer has the principal 757
place of business, where the act allegedly occurred, to recover 758
any loss of money or damages for the loss of any property 759
resulting from any of the following: 760
(i) Improper installation of an individual on-site 761
wastewater disposal system due to faulty workmanship; 762
(ii) Failure of an individual on-site wastewater 763
disposal system to operate properly due to failure to install the 764
system in accordance with any requirements of the manufacturer or 765
in compliance with any rules and regulations of the board; or 766
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(iii) Failure of an individual on-site wastewater 767
disposal system to operate properly due to installation. 768
(b) Nothing in this chapter shall be construed to 769
permit any class action or suit, but every private action must be 770
maintained in the name of and for the sole use and benefit of the 771
individual person. 772
(4) A person who violates this chapter thereby causing a 773
discharge off the property of the generator shall be liable to the 774
party aggrieved or damaged by that violation for the actual 775
damages and additional punitive damages equal to a maximum of 776
twenty-five percent (25%) of the actual damages proven by the 777
aggrieved party, to be taxed by the court where the suit is heard 778
on an original action, by appeal or otherwise and recovered by a 779
suit at law in any court of competent jurisdiction. In addition, 780
the court may award the prevailing party reasonable attorney's 781
fees and court costs. Before filing suit, the party aggrieved or 782
damaged must give thirty (30) days' written notice of its intent 783
to file suit to the alleged violator. 784
(5) (a) Any person who violates Section 41-67-7(5) or 785
41-67-11(2) may be assessed an administrative fine in the amount 786
of Five Hundred Dollars ($500.00) and the public water system may 787
discontinue service to that property owner until the failure to 788
comply with Section 41-67-7(5) or 41-67-11(2) has been corrected. 789
(b) All violators shall be given thirty (30) days' 790
notice before any adverse action. 791
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(c) Any violator shall have the right to appeal an 792
adverse determination through the procedures set out in Section 793
41-67-29. 794
SECTION 19. Section 41-67-29, Mississippi Code of 1972, is 795
brought forward as follows: 796
41-67-29. Any person who is aggrieved by any final decision 797
of the board may appeal that final decision to the chancery court 798
of the county of the situs in whole or in part of the subject 799
matter. The appellant shall give a cost bond with sufficient 800
sureties, payable to the state in a sum to be fixed by the board 801
or the court and to be filed with and approved by the clerk of the 802
court. The aggrieved party may, within thirty (30) days following 803
a final decision of the board, petition the chancery court for an 804
appeal with supersedeas and the chancellor shall grant a hearing 805
on the petition. Upon good cause shown the chancellor may grant 806
the appeal with supersedeas. The appellant shall be required to 807
post a bond with sufficient sureties according to law in an amount 808
to be determined by the chancellor. The chancery court shall 809
always be deemed open for hearing of appeals and the chancellor 810
may hear the appeal in termtime or in vacation at any place in his 811
district. The appeal shall have precedence over all civil cases, 812
except election contests. The chancery court shall review all 813
questions of law and of fact and may enter a final order or remand 814
the matter to the board for appropriate action as may be indicated 815
or necessary under the circumstances. Appeals may be taken from 816
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the chancery court to the Supreme Court in the manner as now 817
required by law, but if a supersedeas is desired by the party 818
appealing to the chancery court, that party may apply therefor to 819
the chancellor, who shall award a writ of supersedeas, without 820
additional bond, if in the chancellor's judgment material damage 821
is not likely to result. If material damage is likely to result, 822
the chancellor shall require a supersedeas bond as deemed proper, 823
which shall be liable to the state for any damage. 824
SECTION 20. Section 41-67-33, Mississippi Code of 1972, is 825
brought forward as follows: 826
41-67-33. (1) The department shall adopt and use procedures 827
for conducting reviews requested by any person aggrieved by the 828
disapproval or requirements for an on-site wastewater disposal 829
system as provided by the department in written form under Section 830
41-67-6. The procedures shall include that the person may request 831
review by submitting a written request of review to the Director 832
of the Office of Environmental Health. The request for review 833
shall identify the matter contested and state the person's name, 834
mailing address and home and daytime phone numbers. Within ten 835
(10) business days of the receipt of the request for review, the 836
department shall issue in writing a ruling and determination to 837
the person and if any corrections are necessary to any form 838
previously issued by the department, then new forms shall be 839
submitted to the person. 840
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(2) Property owners may apply for a variance from the 841
department by submitting a report for a proposed system to the 842
department from a licensed professional engineer that the proposed 843
wastewater treatment system will properly treat and maintain 844
wastewater on the property and proof that the licensed 845
professional engineer has errors and omissions insurance. The 846
department shall grant the variance but still have authority for 847
final approval to inspect that the system is installed as 848
designed. All forms from the department relating to allowed 849
wastewater systems shall include the variance option. 850
(3) Any person aggrieved by the ruling issued by the 851
Director of the Office of Environmental Health may apply for a 852
hearing. Any hearing shall be conducted by a hearing officer 853
designated by the department. At the hearing, the hearing officer 854
may conduct reasonable questioning of persons who make relevant 855
factual allegations concerning the proposal. The hearing officer 856
shall require that all persons be sworn in before they may offer 857
any testimony at the hearing, and the hearing officer is 858
authorized to administer oaths. Any person so choosing may be 859
represented by counsel at the hearing. A record of the hearing 860
shall be made, which shall consist of a transcript of all 861
testimony received, all documents and other material introduced, 862
the staff report and recommendation, and any other material as the 863
hearing officer considers relevant. He shall make a 864
recommendation within a reasonable period of time after the 865
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hearing is closed and after he has had an opportunity to review, 866
study and analyze the evidence presented during the hearing. The 867
completed record shall be certified to the State Health Officer, 868
who shall consider only the record in making his decision, and 869
shall not consider any evidence or material that is not included. 870
All final decisions regarding the disapproval or requirements for 871
an on-site wastewater disposal system shall be made by the State 872
Health Officer. The State Health Officer shall make his written 873
findings and issue his order after reviewing the record, not to 874
exceed thirty (30) days following his receipt of the record. 875
SECTION 21. Section 41-67-37, Mississippi Code of 1972, is 876
brought forward as follows: 877
41-67-37. (1) A person may not operate as a certified 878
professional evaluator in this state unless that person is 879
currently certified by the department or is a licensed 880
professional engineer. 881
(2) A person must meet one (1) of the following 882
requirements, in addition to the additional requirements set forth 883
in other sections of this chapter and rules and regulations of the 884
board, in order to be eligible to become a certified professional 885
evaluator: 886
(a) Be a professional geologist registered in the State 887
of Mississippi; 888
(b) Be a professional soil classifier licensed in the 889
State of Mississippi; or 890
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(c) Be a person who possesses a demonstrable, adequate 891
and appropriate record of professional experience and/or training 892
as determined by the department. 893
(3) The department shall issue a certification to a 894
certified professional evaluator if the certified professional 895
evaluator: 896
(a) Completes an application form that complies with 897
this chapter and rules adopted under this chapter; 898
(b) Satisfactorily completes the certified professional 899
evaluator training program provided by the department; 900
(c) Pays the certification fee once every three (3) 901
years; any increase in the fee charged by the department under 902
this paragraph shall be in accordance with the provisions of 903
Section 41-3-65; and 904
(d) Provides proof of having an errors and omissions 905
policy or surety in effect with liability limits of at least Fifty 906
Thousand Dollars ($50,000.00) per occurrence and at least One 907
Hundred Thousand Dollars ($100,000.00) in total aggregate amount. 908
(4) Each certified professional evaluator shall furnish 909
proof of certification to a property owner or the owner's 910
representative of the property before performing a site evaluation 911
of the property on which an individual on-site wastewater disposal 912
system is to be designed, constructed, repaired or installed by 913
the certified professional evaluator and to the department or its 914
authorized representative, if requested. 915
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(5) The department shall provide for renewal of 916
certifications once every three (3) years. 917
(6) The department shall disseminate to the public an 918
official list of certified professional evaluators. 919
(7) If any person who is not a licensed professional 920
engineer operates in the state as a certified professional 921
evaluator without certification by the department, the department, 922
after due notice and opportunity for a hearing, may impose a 923
monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) 924
for each violation. 925
SECTION 22. Section 41-67-39, Mississippi Code of 1972, is 926
brought forward as follows: 927
41-67-39. (1) A person may not be engaged in the business 928
of removing and disposing of the sludge and liquid waste (septage) 929
from individual on-site wastewater disposal systems in this state 930
unless that person has a valid certificate issued by the 931
department. 932
(2) The department shall issue a certificate to a pumper if 933
the pumper: 934
(a) Completes an application form that complies with 935
this chapter and rules adopted under this chapter; 936
(b) Satisfactorily completes the certified pumper 937
training program provided by the department; 938
(c) Satisfactorily complies with the requirements of 939
his/her pumping and hauling equipment; 940
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(d) Provides documentation of a disposal site approved 941
by the Department of Environmental Quality, Office of Pollution 942
Control; 943
(e) Pays the license fee once every three (3) years; 944
any increase in the fee charged by the department under this 945
paragraph shall be in accordance with the provisions of Section 946
41-3-65; and 947
(f) Provides proof of having a valid general business 948
liability insurance policy in effect with liability limits of at 949
least Fifty Thousand Dollars ($50,000.00) per occurrence and at 950
least One Hundred Thousand Dollars ($100,000.00) in total 951
aggregate amount. 952
(3) Each pumper or designated agent thereof, upon request, 953
shall furnish proof of certification to an individual before 954
entering a contract with that individual for the removing and 955
disposing of the sludge and liquid waste (septage) from an 956
individual on-site wastewater disposal system. 957
(4) The department shall disseminate to the public an 958
official list of certified pumpers. 959
(5) If any person operates in the state as a certified 960
pumper without a license by the board, the board, after due notice 961
and opportunity for a hearing, may impose a monetary penalty not 962
to exceed Ten Thousand Dollars ($10,000.00) for each violation. 963
(6) The department may suspend or revoke a pumper 964
certification if the pumper disposes of septage or other liquid 965
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waste in an unpermitted or unapproved site and/or violates this 966
chapter or rules and regulations under this chapter. 967
(7) A municipal wastewater treatment facility may make a 968
site available for certified pumpers to dispose of septic or other 969
liquid waste. 970
(8) The department shall provide for renewal of 971
certifications once every three (3) years. 972
(9) The department must provide for renewal pumper 973
certifications to be applied for at the local department offices. 974
SECTION 23. Section 41-67-41, Mississippi Code of 1972, is 975
brought forward as follows: 976
41-67-41. (1) There is created the Wastewater Advisory 977
Council for the purpose of advising the department regarding 978
individual on-site wastewater disposal systems. The advisory 979
council shall be composed of the following: 980
(a) One (1) appointee of the State Health Officer; 981
(b) One (1) appointee of the Chairman of the State 982
Board of Health; 983
(c) One (1) appointee of the Chairman of the State 984
Board of Health that represents a Mississippi Aerobic Treatment 985
Unit (ATU) manufacturer; 986
(d) One (1) appointee of the Chairman of the State 987
Board of Health that represents a certified installer; 988
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(e) One (1) appointee of the Chairman of the State 989
Board of Health that represents a septic tank or aggregate 990
disposal manufacturer; 991
(f) One (1) appointee of the Executive Director of the 992
Mississippi Department of Environmental Quality; 993
(g) One (1) appointee of the Executive Director of the 994
Office of Pollution Control; 995
(h) One (1) appointee of the Executive Director of the 996
Mississippi Soil and Water Conservation Commission; 997
(i) One (1) appointee of the Director of the 998
Mississippi State Board of Registered Professional Geologists; 999
(j) One (1) appointee of the Chairman of the Department 1000
of the Mississippi State University School of Civil and 1001
Environmental Engineering Companies; 1002
(k) The federally appointed Mississippi State Soil 1003
Scientist, or his designee; 1004
(l) One (1) appointee of the Executive Director of the 1005
American Council of Engineering Companies; 1006
(m) One (1) appointee of the Executive Director of the 1007
Home Builders Association of Mississippi; 1008
(n) One (1) appointee of the Executive Director of the 1009
Mississippi Engineering Society; 1010
(o) One (1) appointee of the Executive Director of the 1011
Mississippi Manufactured Housing Association; 1012
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(p) One (1) appointee of the Executive Director of the 1013
Mississippi Rural Water Association; 1014
(q) One (1) appointee of the Executive Director of the 1015
Mississippi Association of Supervisors; 1016
(r) One (1) appointee of the President of the 1017
Mississippi Pumpers Association; 1018
(s) One (1) appointee of the President of the 1019
Mississippi Water and Pollution Control Operators Association, 1020
Inc.; 1021
(t) One (1) appointee of the Executive Director of the 1022
Mississippi Association of Realtors; and 1023
(u) One (1) appointee of the Executive Director of the 1024
Mississippi Municipal League. 1025
(2) The members of the advisory council shall elect a 1026
chairman and vice chairman from its membership. 1027
(3) The terms of appointments for each member shall be for a 1028
period of two (2) years. 1029
(4) The advisory council shall have quarterly meetings, with 1030
at least one (1) of those meetings taking place between forty-five 1031
(45) and sixty (60) days before the meeting of the board. 1032
(5) The department shall staff all advisory council meetings 1033
and record minutes of those meetings. 1034
SECTION 24. Section 41-67-101, Mississippi Code of 1972, is 1035
brought forward as follows: 1036
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41-67-101. (1) There is created the Wastewater Advisory 1037
Board for the purpose of advising the Department of Health 1038
regarding individual on-site wastewater disposal systems. The 1039
advisory board shall be composed of the following: 1040
(a) One (1) appointee of the Executive Director of the 1041
American Council of Engineering; 1042
(b) One (1) appointee of the Executive Director of the 1043
Office of Pollution Control; 1044
(c) One (1) appointee of the State Health Officer; 1045
(d) One (1) appointee of the Executive Director of the 1046
Home Builders Association of Mississippi; 1047
(e) One (1) appointee of the Chairman of the 1048
Mississippi State Board of Health that represents a Mississippi 1049
ATU manufacturer; 1050
(f) One (1) appointee of the Executive Director of the 1051
Mississippi Engineering Society; 1052
(g) One (1) appointee of the Executive Director of the 1053
Mississippi Manufactured Housing Association; 1054
(h) One (1) appointee of the Chairman of the 1055
Mississippi State Board of Health that represents a certified 1056
installer; 1057
(i) One (1) appointee of the Chairman of the 1058
Mississippi State Board of Health that represents a septic tank or 1059
aggregate disposal manufacturer; 1060
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(j) One (1) appointee of the Executive Director of the 1061
Mississippi Rural Water Association; 1062
(k) One (1) appointee of the Executive Director of the 1063
Mississippi Association of Supervisors; 1064
(l) One (1) appointee of the President of the 1065
Mississippi Pumpers Association; 1066
(m) One (1) appointee of the Executive Director of the 1067
Mississippi Soil and Water Conservation Commission; 1068
(n) One (1) appointee of the President of the 1069
Mississippi Water and Pollution Control Operators Association, 1070
Inc.; 1071
(o) The federally appointed Mississippi State Soil 1072
Scientist, or his designee; 1073
(p) One (1) appointee of the Director of the 1074
Mississippi State Board of Registered Professional Geologists; 1075
(q) One (1) appointee of the Executive Director of the 1076
Mississippi Department of Environmental Quality; 1077
(r) One (1) appointee of the Chairman of the 1078
Mississippi State Board of Health; 1079
(s) One (1) appointee of the Executive Director of the 1080
Mississippi Association of Realtors; 1081
(t) One (1) appointee of the Executive Director of the 1082
Mississippi Municipal League; and 1083
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(u) One (1) appointee of the Chairman of the Department 1084
of the Mississippi State University School of Civil and 1085
Environmental Engineering. 1086
(2) The members of the advisory committee shall elect a 1087
chairman and vice chairman from its membership. 1088
(3) The terms of appointments for each member shall be for a 1089
period of two (2) years. 1090
(4) The advisory committee shall have quarterly meetings, 1091
with at least one (1) of those meetings taking place between 1092
forty-five (45) and sixty (60) days before the meeting of the 1093
Mississippi State Board of Health. 1094
(5) The Mississippi Department of Health shall staff all 1095
advisory committee meetings and record minutes of those meetings. 1096
SECTION 25. Section 11-27-81, Mississippi Code of 1972, is 1097
brought forward as follows: 1098
11-27-81. The right of immediate possession pursuant to 1099
Sections 11-27-81 through 11-27-89, Mississippi Code of 1972, may 1100
be exercised only: 1101
(a) By the State Highway Commission for the acquisition 1102
of highway rights-of-way only; 1103
(b) By any county or municipality for the purpose of 1104
acquiring rights-of-way to connect existing roads and streets to 1105
highways constructed or to be constructed by the State Highway 1106
Commission; 1107
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(c) By any county or municipality for the purpose of 1108
acquiring rights-of-way for widening existing roads and streets of 1109
such county or municipality; provided, however, that said 1110
rights-of-way shall not displace a property owner from his 1111
dwelling or place of business; 1112
(d) By the boards of supervisors of any county of this 1113
state for the acquisition of highway or road rights-of-way in 1114
connection with a state-aid project designated and approved in 1115
accordance with Sections 65-9-1 through 65-9-31, Mississippi Code 1116
of 1972; 1117
(e) By any county, municipality or county utility 1118
authority created under the Mississippi Gulf Region Utility Act, 1119
Section 49-17-701 et seq., for the purpose of acquiring 1120
rights-of-way for water, sewer, drainage and other public utility 1121
purposes; provided, however, that such acquisition shall not 1122
displace a property owner from his dwelling or place of business. 1123
A county utility authority should prioritize utilizing easements 1124
within ten (10) feet of an existing right-of-way when economically 1125
feasible. A county utility authority may not exercise the right 1126
to immediate possession under this paragraph after July 1, 2013. 1127
Provisions of this paragraph (e) shall not apply to House District 1128
109; 1129
(f) By any county authorized to exercise the power of 1130
eminent domain under Section 19-7-41 for the purpose of acquiring 1131
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land for construction of a federal correctional facility or other 1132
federal penal institution; 1133
(g) By the Mississippi Major Economic Impact Authority 1134
for the purpose of acquiring land, property and rights-of-way for 1135
a project as defined in Section 57-75-5(f)(iv)1 or any facility 1136
related to the project as provided in Section 57-75-11(e)(ii); 1137
(h) By the boards of supervisors of any county of this 1138
state for the purpose of constructing dams or low-water control 1139
structures on lakes or bodies of water under the provisions of 1140
Section 19-5-92; 1141
(i) By the board of supervisors of any county of this 1142
state for the purpose of acquiring land, property and/or 1143
rights-of-way for any project the board of supervisors, by a duly 1144
adopted resolution, determines to be related to a project as 1145
defined in Section 57-75-5(f)(iv). The board of supervisors of a 1146
county may not exercise the right to immediate possession under 1147
this paragraph (i) after July 1, 2003; 1148
(j) By a regional economic development alliance created 1149
under Section 57-64-1 et seq., for the purpose of acquiring land, 1150
property and/or rights-of-way within the project area and 1151
necessary for any project such an alliance, by a duly adopted 1152
resolution, determines to be related to a project as defined in 1153
Section 57-75-5(f)(xxi). An alliance may not exercise the right 1154
to immediate possession under this paragraph (j) after July 1, 1155
2012; 1156
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(k) By the board of supervisors of any county of this 1157
state for the purpose of acquiring or clearing title to real 1158
property, property and/or rights-of-way within the project site 1159
and necessary for any project such board of supervisors, by a duly 1160
adopted resolution, determines to be related to a project as 1161
defined in Section 57-75-5(f)(xxii). A county may not exercise 1162
the right to immediate possession under this paragraph (k) after 1163
July 1, 2012; or 1164
(l) By any public agency, as defined in Section 1165
57-75-37(7)(a)(ii), for the purpose of acquiring land, property or 1166
interests therein, including, but not limited to, easements or 1167
rights-of-way for public highways and roads, and for public water 1168
utilities, public wastewater and wastewater treatment utilities, 1169
public drainage utilities and other public utility purposes in 1170
connection with a project defined in Section 57-75-5(f)(xxxiii). 1171
SECTION 26. Section 49-2-131, Mississippi Code of 1972, is 1172
brought forward as follows: 1173
49-2-131. (1) This section shall be known and may be cited 1174
as the "Mississippi Municipality and County Water Infrastructure 1175
Grant Program Act of 2022." 1176
(2) There is hereby established within the Mississippi 1177
Department of Environmental Quality the Mississippi Municipality 1178
and County Water Infrastructure (MCWI) Grant Program under which 1179
municipalities, counties and certain public utilities not 1180
regulated by the Public Service Commission may apply until 1181
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February 1, 2023, for reimbursable grants to make necessary 1182
investments in water, wastewater, and stormwater infrastructure to 1183
be funded by the Legislature utilizing Coronavirus State Fiscal 1184
Recovery Funds made available under the federal American Rescue 1185
Plan Act of 2021 (ARPA). Such grants shall be made available to 1186
municipalities and counties to be matched with the Coronavirus 1187
Local Fiscal Recovery Funds awarded or to be awarded to them under 1188
ARPA on a one-to-one matching basis. Coronavirus Local Fiscal 1189
Recovery Funds that a county transfers to a municipality or that a 1190
county or municipality transfers to a public utility not regulated 1191
by the Public Service Commission are eligible on a one-to-one 1192
matching basis. Municipalities that received less than One 1193
Million Dollars ($1,000,000.00) in the total allocation of 1194
Coronavirus Local Fiscal Recovery Funds are eligible for a 1195
two-to-one match only on the Coronavirus Local Fiscal Recovery 1196
Funds awarded or to be awarded to them under ARPA. The 1197
Mississippi Department of Environmental Quality shall only accept 1198
two (2) rounds of submissions under the Mississippi Municipality 1199
and County Water Infrastructure (MCWI) Grant Program. The second 1200
round of submissions shall be the final round. The dollar amount 1201
for professional fees that can be allocated as a part of a 1202
county's, municipality's or public utility's matching share is not 1203
to exceed four percent (4%) of the total project cost. 1204
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(3) For purposes of this section, unless the context 1205
requires otherwise, the following terms shall have the meanings 1206
ascribed herein: 1207
(a) "MCWI Grant Program" means the Mississippi 1208
Municipality and County Water Infrastructure Grant Program. 1209
(b) "ARPA" means the federal American Rescue Plan Act 1210
of 2021, Public Law 117-2, which amends Title VI of the Social 1211
Security Act. 1212
(c) "State Recovery Funds" means Coronavirus State 1213
Fiscal Recovery Funds awarded through Section 602 of Title VI of 1214
the Social Security Act amended by Section 9901 of the federal 1215
American Rescue Plan Act of 2021, Public Law 117-2. 1216
(d) "Local Recovery Funds" means Coronavirus Local 1217
Fiscal Recovery Funds awarded through Section 603 of Title VI of 1218
the Social Security Act amended by Section 9901 of the federal 1219
American Rescue Plan Act of 2021, Public Law 117-2. 1220
(e) "Department" means the Department of Environmental 1221
Quality. 1222
(f) "Professional fees" means fees for the services of 1223
attorneys and engineering, surveying, and environmental studies. 1224
(g) "Project" means the infrastructure improvements 1225
defined in an application that (i) complies with all requirements 1226
of ARPA, and (ii) is eligible for a grant award under this 1227
section. 1228
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(4) (a) On or before July 1, 2022, the Department of 1229
Environmental Quality shall promulgate rules and regulations 1230
necessary to administer the MCWI Grant Program prescribed under 1231
this section, including application procedures and deadlines. The 1232
department is exempt from compliance with the Mississippi 1233
Administrative Procedures Law in fulfilling the requirements of 1234
this section. 1235
(b) The Department of Health shall advise the 1236
Mississippi Department of Environmental Quality regarding all such 1237
rules and regulations as related to the federal Safe Drinking 1238
Water Act. 1239
(5) Funding under the MCWI Grant Program shall be allocated 1240
to projects certified by the Mississippi Department of 1241
Environmental Quality as eligible for federal funding, including, 1242
but not be limited to, the following: 1243
(a) Construction of publicly owned treatment works; 1244
(b) Projects pursuant to the implementation of a 1245
nonpoint source pollution management program established under the 1246
Clean Water Act (CWA); 1247
(c) Decentralized wastewater treatment systems that 1248
treat municipal wastewater or domestic sewage; 1249
(d) Management and treatment of stormwater or 1250
subsurface drainage water; 1251
(e) Water conservation, efficiency, or reuse measures; 1252
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(f) Development and implementation of a conservation 1253
and management plan under the CWA; 1254
(g) Watershed projects meeting the criteria set forth 1255
in the CWA; 1256
(h) Energy consumption reduction for publicly owned 1257
treatment works; 1258
(i) Reuse or recycling of wastewater, stormwater, or 1259
subsurface drainage water; 1260
(j) Facilities to improve drinking water quality; 1261
(k) Transmission and distribution, including 1262
improvements of water pressure or prevention of contamination in 1263
infrastructure and lead service line replacements; 1264
(l) New sources to replace contaminated drinking water 1265
or increase drought resilience, including aquifer storage and 1266
recovery system for water storage; 1267
(m) Storage of drinking water, such as to prevent 1268
contaminants or equalize water demands; 1269
(n) Purchase of water systems and interconnection of 1270
systems; 1271
(o) New community water systems; 1272
(p) Culvert repair, resizing, and removal, replacement 1273
of storm sewers, and additional types of stormwater 1274
infrastructure; 1275
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(q) Dam and reservoir rehabilitation, if the primary 1276
purpose of dam or reservoir is for drinking water supply and 1277
project is necessary for the provision of drinking water; 1278
(r) Broad set of lead remediation projects eligible 1279
under EPA grant programs authorized by the Water Infrastructure 1280
Improvements for the Nation (WIIN) Act; and 1281
(s) Any eligible drinking water, wastewater or 1282
stormwater project through ARPA guidelines, guidance, rules, 1283
regulations and other criteria, as may be amended from time to 1284
time, by the United States Department of the Treasury. 1285
(6) The governing authority of a municipality, county or 1286
public utility that is not regulated by the Public Service 1287
Commission may submit an application for grant funds under this 1288
section if the applicant is an operator-member of Mississippi 811, 1289
Inc., as defined in Section 77-13-3. Applicants shall certify to 1290
the department that each expenditure of the funds awarded to them 1291
under this section is in compliance with ARPA guidelines, 1292
guidance, rules, regulations and other criteria, as may be amended 1293
from time to time, by the United States Department of the Treasury 1294
regarding the use of monies from the State Coronavirus State 1295
Fiscal Recovery Funds. Subsequent submissions will be due by the 1296
dates established by the department. 1297
(7) An application for a grant under this section shall be 1298
submitted at such time, be in such form, and contain such 1299
information as the department prescribes. Each application for 1300
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grant funds shall include the following at a minimum: (a) 1301
applicant contact information; (b) project description and type of 1302
project; (c) project map; (d) estimate of population affected by 1303
the project; (e) disadvantaged community criteria (population, 1304
median household income, unemployment, current water/sewer rates); 1305
(f) estimated project cost; (g) list of match funds of direct 1306
Coronavirus Local Fiscal Recovery Funds received and to be 1307
received from the federal government, a certification that such 1308
funds have been or will be used for the project detailed in the 1309
application, and documentation of commitment; (h) estimated 1310
project schedule and readiness to proceed; (i) engineering 1311
services agreement; (j) engineering reports; and (k) information 1312
about status of obtaining any required permits. 1313
(8) The department must apply a system for use in ranking 1314
the grant applications received, unless the Legislature funds all 1315
eligible grant requests under the program. When applying the 1316
ranking system, the department shall apply a greater weight to 1317
projects that have approved engineering/design, plans and permits 1318
if the department has deemed the project is ready to begin 1319
construction within six (6) months. Projects that are included on 1320
the municipal or county engineer's approved list and provide 1321
applicable supporting documentation shall receive additional 1322
consideration awarded to the application. The ranking system 1323
shall include the following factors, at a minimum: (a) the 1324
environmental impact of the proposed project; (b) the proposed 1325
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project's ability to address noncompliance with state/federal 1326
requirements; (c) the extent to which the project promotes 1327
economic development; (d) the number of people served by the 1328
project and the number of communities the project serves; (e) 1329
impacts of the proposed project on disadvantaged/overburdened 1330
communities; (f) the grant applicant's prior efforts to secure 1331
funding to address the proposed project's objectives; (g) the 1332
grant applicant's proposed contribution of other funds or in-kind 1333
cost-sharing to the proposed project; (h) the grant applicant's 1334
long-term plans for the financial and physical operation and 1335
maintenance of the project; (i) the grant applicant's capacity to 1336
initiate construction in a timely manner and complete the proposed 1337
project by the deadline specified by the United States Department 1338
of Treasury rules for ARPA funds; (j) the extent to which the 1339
project benefits multiple political subdivisions in a regional 1340
manner; (k) the project's ability to enhance public service 1341
infrastructure, including transportation and emergency access; and 1342
(l) any other factors as determined by the department. 1343
(9) The grant program shall include a specific emphasis on 1344
addressing the needs of an economically disadvantaged community, 1345
including providing safe, reliable drinking water in areas that 1346
lack infrastructure, providing sewage treatment capacity in 1347
unsewered areas and providing regional development of 1348
infrastructure to serve multiple communities. 1349
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(10) Applications shall be reviewed and scored as they are 1350
received, unless the Legislature funds all eligible grant requests 1351
under the program. The Mississippi Department of Environmental 1352
Quality shall certify whether each project submitted is a 1353
"necessary investment" in water, wastewater, or stormwater 1354
infrastructure as defined in the American Rescue Plan Act and all 1355
applicable guidance issued by the United States Department of the 1356
Treasury. The Department of Environmental Quality shall review 1357
the lists of recommended water infrastructure projects and issue 1358
its list of recommended projects to the Mississippi Department of 1359
Health for its advice. Grant agreements shall be executed between 1360
the recipient and the Mississippi Department of Environmental 1361
Quality. All final awards shall be determined at the discretion 1362
of the executive director of the department. Any funds awarded to 1363
the City of Jackson under this section shall be deposited in the 1364
Capital City Water/Sewer Projects Fund of the State Treasury. 1365
Funds shall be obligated to a grantee upon the execution of a 1366
grant agreement between the department and the approved applicant. 1367
Funds shall be made available to a grantee when the department 1368
obtains the necessary support for reimbursement. The department 1369
is authorized to conduct additional rounds of grants as needed; 1370
however, in the first round no more than forty percent (40%) of 1371
the total funds appropriated for each grant program may be awarded 1372
by the department, and the remaining funds may be awarded in the 1373
final round which shall occur no later than six (6) months from 1374
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the previous round. To ensure equitable treatment between the 1375
categories of projects, no less than twenty percent (20%) awarded 1376
under this section shall be allocated to each of the three (3) 1377
categories of drinking water projects, wastewater projects and 1378
stormwater projects. In the final round, any funds not requested 1379
may be allocated to any category. 1380
(11) Grant funds shall be used prospectively; however, grant 1381
funds may be used to reimburse expenses incurred before the 1382
enactment of this program if the costs are adequately documented 1383
and comply with applicable ARPA guidelines. An applicant must 1384
agree to obtain all necessary state and federal permits and follow 1385
all state bidding and contracting laws and fiscally sound 1386
practices in the administration of the funds. 1387
(12) (a) Monies must be disbursed under this section in 1388
compliance with the guidelines, guidance, rules, regulations or 1389
other criteria, as may be amended from time to time, of the United 1390
States Department of the Treasury regarding the use of monies from 1391
the Coronavirus State Fiscal Recovery Fund, established by the 1392
American Rescue Plan of 2021. 1393
(b) The use of funds allocated under this program shall 1394
be subject to audit by the United States Department of the 1395
Treasury's Office of Inspector General and the Mississippi Office 1396
of the State Auditor. Each person receiving funds under these 1397
programs found to be fully or partially noncompliant with the 1398
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requirements in this section shall return to the state all or a 1399
portion of the funds received. 1400
(13) The department shall submit to the Lieutenant Governor, 1401
Speaker of the House, House and Senate Appropriations Chairmen, 1402
and the Legislative Budget Office quarterly reports and annual 1403
reports that are due by the dates established in the Compliance 1404
and Reporting Guidance by the United States Department of 1405
Treasury. The reports shall contain the applications received, 1406
the score of the applications, the amount of grant funds awarded 1407
to each applicant, the amount of grant funds expended by each 1408
applicant, and status of each applicant's project. The score of 1409
the applications is not required if the award was provided in the 1410
final round of grants and the Legislature provided the total 1411
amount of funds for all eligible grant requests. 1412
(14) Grant funds shall be available under this section 1413
through December 31, 2026, or on the date of the fund expenditure 1414
deadline provided by the federal government, whichever occurs 1415
later. Each grant recipient shall certify for any project for 1416
which a grant is awarded that if the project is not completed by 1417
December 31, 2026, and the United States Congress does not enact 1418
an extension of the deadline on the availability of ARPA funds, 1419
then the grant recipient will complete the project through other 1420
funds. 1421
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(15) The Mississippi Department of Environmental Quality may 1422
retain an amount not to exceed five percent (5%) of the total 1423
funds allocated to the program to defray administrative costs. 1424
(16) The department shall be exempt from provisions of the 1425
Public Procurement Review Board for any requirements of personal 1426
or professional service contracts or the pre-approval of the 1427
solicitation for such contracts used in the execution of its 1428
responsibilities under this section. This subsection shall stand 1429
repealed on January 1, 2026. 1430
(17) The provisions of this section shall stand repealed on 1431
January 1, 2027. 1432
SECTION 27. Section 49-17-745, Mississippi Code of 1972, is 1433
brought forward as follows: 1434
49-17-745. (1) The county authority shall have the power, 1435
duty and responsibility to exercise general supervision over the 1436
design, construction, operation and maintenance of water, 1437
wastewater and storm water systems. 1438
(2) The county authority shall adopt rules and regulations 1439
regarding the design, construction or installation, operation and 1440
maintenance of water, wastewater and storm water systems. 1441
(3) The county authority shall adopt rules and regulations 1442
regarding the use of decentralized treatment systems, individual 1443
on-site wastewater treatment systems and centralized wastewater 1444
treatment systems. 1445
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(4) The county authority shall adopt rules establishing 1446
performance standards for water, wastewater and storm water 1447
systems and the operation and maintenance of the same. Such rules 1448
and regulations shall include the implementation of a standard 1449
application form for the installation, operation and maintenance 1450
of such systems; application review; approval or denial procedures 1451
for any proposed system; inspection, monitoring and reporting 1452
guidelines; and enforcement procedures. 1453
(5) (a) Before a building or development which requires the 1454
installation of a water, wastewater or storm water system is 1455
constructed, the system must be submitted to the county authority 1456
for certification that the system complies with the county 1457
authority requirements for such system. 1458
(b) Before approving or renewing a water, wastewater or 1459
storm water related permit for a system within a county authority, 1460
the state agency must require certification that the system 1461
complies with the requirements of the county authority. 1462
(6) Any system of any municipality, public agency or other 1463
persons which contracts with a county authority, shall be subject 1464
to the terms of that contract and the terms of this act. 1465
(7) Notwithstanding the provisions of Section 51-39-1 et 1466
seq., the county authority shall have the full power to adopt 1467
rules and regulations and to construct, maintain and operate 1468
facilities for the control of storm water quality and quantity. 1469
In addition, the provisions of Section 51-33-1 et seq. relating to 1470
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drainage districts and flood control districts do not apply to the 1471
county authority. 1472
(8) The county authority may control and operate the local 1473
retail water, wastewater or storm water services and may provide 1474
or be responsible for direct servicing of those services to 1475
residences, businesses and individuals; however, the county 1476
authority shall not provide the same service in an area provided 1477
by a public utility or person holding a certificate of public 1478
convenience and necessity issued by the Mississippi Public Service 1479
Commission for the provision of such services in the certificated 1480
area. 1481
SECTION 28. Section 97-25-59, Mississippi Code of 1972, is 1482
brought forward as follows: 1483
97-25-59. (1) Definition of "critical infrastructure 1484
facility." As used in this act, unless otherwise defined, 1485
"critical infrastructure facility" means: 1486
(a) Any portion of an oil, gas, carbon dioxide, 1487
hazardous liquid or chemical pipeline or tank that is buried or 1488
enclosed by a fence or other physical barrier obviously designed 1489
to exclude intruders, or clearly marked with a sign or signs 1490
reasonably likely to come to the attention of intruders and 1491
indicating that entry is forbidden without authorization. 1492
(b) One (1) of the following, if enclosed by a fence or 1493
other physical barrier obviously designed to exclude intruders, or 1494
if clearly marked with a sign or signs reasonably likely to come 1495
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to the attention of intruders and indicating that entry is 1496
forbidden without authorization: 1497
(i) A chemical or polymer manufacturing facility; 1498
(ii) A telecommunications central switching 1499
office; 1500
(iii) Wireless or other telecommunications 1501
infrastructure, including cell towers, communication towers, 1502
telephone poles and lines, cable headend or fiber-optic lines, 1503
other than those connecting to individual residences; 1504
(iv) A transmission facility used by a federally 1505
licensed radio or television station, a governmental law 1506
enforcement or emergency services radio system, or electric 1507
utility; 1508
(v) A petroleum refinery; 1509
(vi) A liquid natural gas terminal or storage 1510
facility or compressed gas liquids plant or storage facility; 1511
(vii) A natural gas compressor station; 1512
(viii) A hydrocarbon processing plant, including a 1513
plant used in the processing, treatment or fractionation of oil, 1514
natural gas or natural gas liquids; 1515
(ix) A natural gas distribution utility facility, 1516
including transmission facilities, pipeline interconnections, a 1517
city gate or town border station, metering stations, piping, a 1518
regulator station or a natural gas storage facility; 1519
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(x) A crude oil or refined products storage and 1520
distribution facility, including storage tanks, valve sites, 1521
pipeline interconnections, pump stations, metering stations, 1522
pipelines, or piping and truck loading or offloading facilities; 1523
(xi) An above-ground or underground mining 1524
facility; 1525
(xii) An electrical power generating facility, 1526
substation, switching station, communication facility, electrical 1527
control center or electric power lines and associated equipment 1528
infrastructure other than those connections to individual 1529
residences; 1530
(xiii) A data center or supercomputing center that 1531
has an average constant draw of at least one (1) megawatt of 1532
electricity; 1533
(xiv) A commercial airport, trucking terminal or 1534
other freight transportation facility, including a railroad 1535
switching yard, railroad facility or railroad track; 1536
(xv) Any reservoir that supplies water for 1537
industrial or municipal supplies or irrigation for multiple users 1538
or an irrigation district; or 1539
(xvi) A water intake structure, water treatment 1540
facility, wastewater treatment plant, pump station or water lines 1541
and associated equipment infrastructure other than those 1542
connections to individual residences. 1543
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(c) Any site where the construction or improvement of 1544
any facility or structure referenced in this section is occurring. 1545
(2) Impeding critical infrastructure. (a) A person is 1546
guilty of impeding critical infrastructure if he or she 1547
intentionally or knowingly impedes the operations of a critical 1548
infrastructure facility in a manner not otherwise authorized by 1549
law. 1550
(b) Impeding critical infrastructure is: 1551
(i) A misdemeanor punishable by imprisonment for 1552
not more than six (6) months, a fine of not more than One Thousand 1553
Dollars ($1,000.00), or both, if the impediment causes damage or 1554
economic loss, the cost of which is less than One Thousand Dollars 1555
($1,000.00); 1556
(ii) A felony punishable by imprisonment for not 1557
more than seven (7) years, a fine of not more than Ten Thousand 1558
Dollars ($10,000.00), or both, if the impediment causes damage or 1559
economic loss, the cost of which is One Thousand Dollars 1560
($1,000.00) or more. 1561
(c) If a series of damage or loss results from a single 1562
continuing course of conduct, a single violation of this section 1563
may be charged and penalties imposed based on the aggregate cost 1564
of the damage or loss. 1565
(d) An organization that aids, abets, solicits, 1566
compensates, hires, conspires with, commands or procures a person 1567
to commit the crime of impeding critical infrastructure is subject 1568
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to a fine not to exceed One Hundred Thousand Dollars 1569
($100,000.00), provided that the organization acted with the 1570
intent that the crime of impeding critical infrastructure be 1571
completed. A critical infrastructure facility may maintain a 1572
civil action against an organization for damages suffered as a 1573
consequence of a violation of this subsection, including damages 1574
for lost profits, whether or not any fine is imposed pursuant to 1575
this subsection. 1576
(e) No person shall be liable for a violation of 1577
paragraph (a) or (b) of this subsection if the person: 1578
(i) Owns or legally occupies the land upon which 1579
the critical infrastructure facility is located and is engaged in 1580
conduct that is not inconsistent with the operation of the 1581
critical infrastructure facility or that is authorized by an 1582
agreement; 1583
(ii) Is lawfully engaged in any regulatory or 1584
legal process to which the critical infrastructure facility is 1585
subject; or 1586
(iii) Is engaged in conduct arising out of a bona 1587
fide dispute about access to land. 1588
(f) As used in this subsection, "impede" means: 1589
(i) To block the operation of or prevent legal 1590
access to a critical infrastructure facility or the construction 1591
site of a permitted critical infrastructure facility; or 1592
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(ii) To damage, destroy, deface or tamper with the 1593
equipment of a critical infrastructure facility, whether completed 1594
or under construction. 1595
(3) Critical infrastructure trespass. (a) A person is 1596
guilty of critical infrastructure trespass if he or she enters or 1597
remains on or in a critical infrastructure facility or the 1598
construction site of a permitted critical infrastructure facility 1599
knowing he is not authorized to do so, or by means of false, 1600
forged, altered or counterfeit identification, or after having 1601
been notified to depart or not to trespass. For purposes of this 1602
subsection, notice is given by: 1603
(i) Personal communication to the person by the 1604
owner or occupant, or his agent, or by a peace officer; 1605
(ii) Posting of signs reasonably likely to come to 1606
the attention of intruders; or 1607
(iii) The presence of fencing or other physical 1608
barrier designed to exclude intruders. 1609
(b) Critical infrastructure trespass is a misdemeanor 1610
punishable by imprisonment for not more than one (1) year, a fine 1611
of not more than One Thousand Dollars ($1,000.00), or both. 1612
(c) No person shall be liable for a violation of 1613
paragraph (a) of this subsection if that person: 1614
(i) Owns or legally occupies the land upon which 1615
the facility is located and is engaged in conduct that is not 1616
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inconsistent with the operation of the critical infrastructure 1617
facility or that is authorized by an agreement; or 1618
(ii) Is lawfully engaged in any regulatory or 1619
legal process to which the critical infrastructure facility is 1620
subject. 1621
(4) Nothing in this section shall be construed to prohibit: 1622
(a) Public demonstrations or other expressions of free 1623
speech or free association to the extent such activity is 1624
protected under the United States or Mississippi Constitutions; 1625
(b) Lawful commercial or recreational activities 1626
conducted in the open or unconfined areas around a pipeline, 1627
including, but not limited to, fishing, hunting, boating and 1628
birdwatching; or 1629
(c) The lawful exercise of the right of ownership by an 1630
owner of real property, including use, enjoyment and disposition 1631
within the limits and under the conditions established by law. 1632
SECTION 29. Section 17-25-13, Mississippi Code of 1972, is 1633
brought forward as follows: 1634
17-25-13. (1) For purposes of this section: 1635
(a) "Water sewer association" means any corporation, 1636
whether for profit or not for profit, that provides, distributes, 1637
transmits, treats, pumps, or stores raw or potable water to, or 1638
for the benefit of, members of the general public or commercial, 1639
industrial and other users; and 1640
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(b) "Water sewer system" means any entity that 1641
provides, distributes, transmits, treats, pumps or stores raw or 1642
potable water to or for the benefit of members of the general 1643
public and commercial, industrial, and other users, including, 1644
without limitation, the following entities that perform such 1645
activities: 1646
(i) Municipalities; 1647
(ii) Counties; and 1648
(iii) Water sewer associations. 1649
(2) (a) When a person is delinquent on the payment of an 1650
undisputed bill for water sewer service provided by a water sewer 1651
system within this state, moves into another area of this state, 1652
and applies for or receives water from another water sewer system, 1653
if the person's former water sewer system establishes that there 1654
is no dispute that the delinquent amount is properly due and owed 1655
by that particular individual in that amount, the new water sewer 1656
system shall refuse to provide water sewer service to the 1657
delinquent person until such person provides proof of curing the 1658
delinquency. 1659
(b) This subsection shall not apply to a delinquency 1660
that has been disputed by the person in writing, unless the 1661
delinquency has been reduced to a final judgment of a court of 1662
competent jurisdiction. 1663
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(3) No provision of this section shall apply to a water 1664
sewer system that is regulated by the Mississippi Public Service 1665
Commission as a "public utility" as defined in Section 77-3-3. 1666
SECTION 30. Section 17-25-29, Mississippi Code of 1972, is 1667
brought forward as follows: 1668
17-25-29. In addition to the rights prescribed in Section 1669
79-11-177, a member of a member-owned rural water association or 1670
system, incorporated under Chapter 11, Title 79, Mississippi Code 1671
of 1972, shall have the right to attend regularly scheduled board 1672
meetings of the association or system. Further, if a meeting 1673
pertains to the election of board members for the association or 1674
system, then the association or system shall provide written 1675
notice of the meeting by mail at least fifteen (15) days in 1676
advance of the meeting at which the election will occur. The 1677
written notice shall also be included on any association's or 1678
system's invoice or statement that is submitted to the member 1679
within thirty (30) days of the meeting. 1680
SECTION 31. Section 19-5-131, Mississippi Code of 1972, is 1681
brought forward as follows: 1682
19-5-131. (1) The boards of supervisors of any county in 1683
the State are hereby authorized to directly allocate Local Fiscal 1684
Recovery Funds made available under the federal American Rescue 1685
Plan Act of 2021 to rural water associations, water supply 1686
districts, regional utility districts or regional utility 1687
authorities, and all other publicly constituted bodies which 1688
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supply water, sewer, or storm water services to the people of the 1689
county for the purposes of funding water and sewer infrastructure 1690
projects. 1691
(2) The boards of supervisors are further authorized to 1692
directly allocate such funds to incorporated municipalities for 1693
the purposes of funding water, sewer and storm water 1694
infrastructure projects. 1695
(3) If the recipient association, district, authority or 1696
municipality serves customers in two (2) or more counties, the 1697
majority of water meters for the association, district, authority 1698
or municipality must be located in the county allocating such 1699
funds. 1700
SECTION 32. Section 19-5-167, Mississippi Code of 1972, is 1701
brought forward as follows: 1702
19-5-167. (1) Except as otherwise provided in this section, 1703
the powers of each district shall be vested in and exercised by a 1704
board of commissioners consisting of five (5) members to be 1705
appointed by the board of supervisors. Upon their initial 1706
appointment, one (1) of the commissioners shall be appointed for a 1707
term of one (1) year; one (1) for a term of two (2) years; one (1) 1708
for a term of three (3) years; one (1) for a term of four (4) 1709
years; and one (1) for a term of five (5) years; thereafter, each 1710
commissioner shall be appointed and shall hold office for a term 1711
of five (5) years. Any vacancy occurring on a board of 1712
commissioners shall be filled by the board of supervisors at any 1713
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regular meeting of the board of supervisors, and the board of 1714
supervisors shall have the authority to fill all unexpired terms 1715
of any commissioner or commissioners. Notwithstanding the 1716
appointive authority herein granted to the board of supervisors, 1717
its legal and actual responsibilities, authority and function, 1718
subsequent to the creation of any district, shall be specifically 1719
limited to the appointive function and responsibilities outlined 1720
in Sections 19-5-179, 19-5-189 and 19-5-191, except that with fire 1721
protection districts, the board of supervisors shall have 1722
authority for dissolving, redefining and reconfiguring of such 1723
districts as may be appropriate to ensure the most appropriate and 1724
efficient fire protection coverage for the county's citizens. The 1725
operation, management, abolition or dissolution of such district, 1726
and all other matters in connection therewith, shall be vested 1727
solely and only in the board of commissioners to the specific 1728
exclusion of the board of supervisors, and the abolition, 1729
dissolution or termination of any district shall be accomplished 1730
only by unanimous resolution of the board of commissioners, except 1731
that with fire protection districts, the board of supervisors 1732
shall have authority for the dissolving, redefining and 1733
reconfiguring of such districts when determined appropriate. 1734
However, if any area within the boundaries of a fire protection 1735
district created under Section 19-5-151 et seq., is annexed by a 1736
municipality, a reduction of the boundaries of the district to 1737
exclude such annexed area may be accomplished by the adoption of a 1738
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resolution by a majority vote of the board of commissioners of 1739
that fire protection district. The county board of supervisors 1740
which has a fire protection district created under Section 1741
19-5-151 et seq., may dissolve, redefine and reconfigure such 1742
district and, under Section 19-5-215 et seq., may create a fire 1743
protection grading district consisting of the same boundaries as 1744
the previously existing fire protection district or having amended 1745
boundaries as determined appropriate by the board of supervisors. 1746
Petition and election requirements of Sections 19-5-217 through 1747
19-5-227 shall not apply where the board of supervisors dissolves 1748
a fire protection district and creates a fire protection grading 1749
district under this section. Except as otherwise provided herein, 1750
such board of supervisors or commissioners shall have no power, 1751
jurisdiction or authority to abolish, dissolve or terminate any 1752
district while the district has any outstanding indebtedness of 1753
any kind or character, unless arrangements are made for the 1754
assumption of any outstanding indebtedness by the subsequent 1755
district or by the county. If a fire protection district is 1756
dissolved in accordance with this subsection, the board of 1757
supervisors may continue to levy the same millage as was being 1758
levied within the boundaries of the previous fire protection 1759
district before its dissolution provided that a fire protection 1760
grading district is created, in accordance with Section 19-5-215 1761
et seq. 1762
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(2) The board of supervisors of the incorporating county may 1763
consolidate such fire protection districts for administrative 1764
purposes. The board of supervisors shall conduct a public hearing 1765
to determine the public's interest. Following such a hearing, the 1766
board may create a consolidated commission consisting of the 1767
participating districts for administrative purposes. Such 1768
districts then shall dissolve their respective boards of 1769
commissioners, transferring all records to the consolidated board 1770
of commissioners. A consolidated board of commissioners 1771
consisting of not less than five (5) members shall be appointed 1772
with equal representation from each participating district. Any 1773
commissioners appointed to a consolidated fire protection district 1774
commission must comply with eligibility requirements as authorized 1775
in Section 19-5-171. In the event that a consolidated fire 1776
protection district commission consists of an even number of 1777
members, the chairman elected as authorized by Section 19-5-169 1778
shall vote only in the event of a tie. General powers and duties 1779
of commissioners and commissions and other related matters as 1780
defined in Sections 19-5-151 through 19-5-207 shall apply to the 1781
entire area contained in the consolidating fire protection 1782
districts as described in the resolutions incorporating the fire 1783
protection districts as well as to subsequent annexations. 1784
(3) If the creation of the district is initiated in 1785
accordance with Section 19-5-153(3), the powers of the district 1786
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shall be vested in and exercised by a board of commissioners 1787
selected in the following manner: 1788
(a) Upon creation of the district, the board of 1789
directors of the former nonprofit, nonshare corporation shall 1790
serve as the board of commissioners of the newly created water 1791
district for a period not to exceed sixty (60) days. The initial 1792
commissioners shall be subject to the requirements of Section 1793
19-5-171, except the requirement for executing a bond. If an 1794
initial commissioner fails to meet a requirement of Section 1795
19-5-171 as provided in this section, the board of supervisors 1796
shall appoint a member to fill that vacancy on the board of 1797
commissioners. 1798
(b) In the resolution creating a district initiated in 1799
accordance with Section 19-5-153(3), the board of supervisors 1800
shall direct the existing board of directors of the rural water 1801
association to create within the district five (5) posts from 1802
which commissioners shall be elected. The board of supervisors 1803
shall designate the positions to be elected from each post as Post 1804
1, Post 2, Post 3, Post 4 and Post 5. Post 5 shall be an at-large 1805
post composed of the entire district. Within sixty (60) days 1806
following creation of the district, the board of supervisors shall 1807
call an election. Such election shall be held and conducted by 1808
the election commissioners in accordance with the general laws 1809
governing elections. The election commissioners shall determine 1810
which of the qualified electors of the county reside within the 1811
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district and only those electors shall be entitled to vote in the 1812
election. Notice of the election setting forth the time, place or 1813
places and the purpose of the election shall be published by the 1814
clerk of the board of supervisors in the manner provided in 1815
Section 19-5-155. 1816
The initial elected commissioners shall be elected to a term 1817
of office expiring on December 31 of the year in which the next 1818
succeeding general election for statewide officials is held. 1819
After the initial term of office, commissioners shall be elected 1820
to four-year terms. Vacancies shall be filled by the procedure 1821
set forth in Section 23-15-839. 1822
(4) For any water and sewer district located within the 1823
corporate limits of a municipality that was incorporated on or 1824
after January 2012, the powers of the district shall be vested in 1825
and exercised by a board of commissioners consisting of five (5) 1826
members, each to be appointed by the governing authority of such 1827
municipality, one (1) member to be appointed from each municipal 1828
ward in the city. Each commissioner shall be appointed and shall 1829
hold office for a term of five (5) years. Any vacancy occurring 1830
on the board of commissioners shall be filled by the governing 1831
authority of the municipality at any regular meeting. 1832
Appointments to fill vacancies in unexpired terms of office shall 1833
be for the remaining unexpired term of office for such position. 1834
SECTION 33. Section 19-5-175, Mississippi Code of 1972, is 1835
brought forward as follows: 1836
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19-5-175. Districts created under the provisions of Sections 1837
19-5-151 through 19-5-207 shall have the powers enumerated in the 1838
resolution of the board of supervisors creating such districts but 1839
shall be limited to the conducting and operating of a water supply 1840
system, a sewer system, a garbage and waste collection and 1841
disposal system, a fire protection system, a combined water and 1842
fire protection system, a combined water and sewer system, a 1843
combined water and garbage and waste collection and disposal 1844
system, or a combined water, sewer, garbage and waste collection 1845
and disposal and fire protection system; and to carry out such 1846
purpose or purposes, such districts shall have the power and 1847
authority to acquire, construct, reconstruct, improve, better, 1848
extend, consolidate, maintain and operate such system or systems, 1849
and to contract with any municipality, person, firm or corporation 1850
for such services and for a supply and distribution of water, for 1851
collection, transportation, treatment and/or disposal of sewage 1852
and for services required incident to the operation and 1853
maintenance of such systems. As long as any such district 1854
continues to furnish any of the services which it was authorized 1855
to furnish in and by the resolution by which it was created, it 1856
shall be the sole public corporation empowered to furnish such 1857
services within such district. However, if the board of 1858
commissioners of such district and the board of supervisors 1859
unanimously agree, the county may contract directly with any fire 1860
protection services provider, in which case the board of 1861
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supervisors may distribute directly to the fire protection 1862
services provider any or all of the funds that otherwise would be 1863
distributed to the fire protection district. 1864
Any district created pursuant to the provisions of Sections 1865
19-5-151 through 19-5-207 shall be vested with all the powers 1866
necessary and requisite for the accomplishment of the purpose for 1867
which such district is created. No enumeration of powers herein 1868
shall be construed to impair or limit any general grant of power 1869
herein contained nor to limit any such grant to a power or powers 1870
of the same class or classes as those enumerated. Such districts 1871
are empowered to do all acts necessary, proper or convenient in 1872
the exercise of the powers granted under such sections. 1873
SECTION 34. Section 21-25-51, Mississippi Code of 1972, is 1874
brought forward as follows: 1875
21-25-51. (1) It is the purpose of Sections 21-25-51 1876
through 21-25-59 to permit the governing authorities of any 1877
municipality and a rural water association operating within the 1878
corporate limits of the municipality to make the most efficient 1879
use of their powers in upgrading their respective water systems 1880
for the purpose of improving local fire protection by enabling 1881
them to cooperate and to contract with each other on a basis of 1882
mutual advantage and thereby provide services and facilities in a 1883
manner that will accord best with geographic, economic, population 1884
and other factors influencing the needs and development of the 1885
fire protection of local communities. 1886
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(2) The governing authorities of any municipality may enter 1887
into an interlocal agreement with any rural water association 1888
operating within the corporate limits of the municipality for the 1889
purpose of constructing, new construction or upgrading the water 1890
system of the municipality or the water association, or both, for 1891
the purpose of improving the fire protection of the municipality. 1892
SECTION 35. Section 21-25-53, Mississippi Code of 1972, is 1893
brought forward as follows: 1894
21-25-53. (1) No interlocal agreement made under Sections 1895
21-25-51 through 21-25-59 shall be entered into by any 1896
municipality or rural water association without the approval by 1897
resolution on the minutes of the governing authorities of the 1898
municipality and the rural water association. 1899
(2) No power, authority and responsibility may be exercised 1900
under Sections 21-25-51 through 21-25-59 by the governing 1901
authorities of any municipality or rural water association which 1902
it would not have authority to exercise otherwise pursuant to the 1903
law controlling such municipality or association. 1904
(3) Any power, authority or responsibility exercised or 1905
capable of being exercised by the governing authorities of any 1906
municipality of this state may be exercised and carried out 1907
jointly with the governing authorities of any rural water 1908
association. 1909
SECTION 36. Section 21-25-55, Mississippi Code of 1972, is 1910
brought forward as follows: 1911
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21-25-55. Any agreement made under the provisions of 1912
Sections 21-25-51 through 21-25-59 shall specify the following: 1913
(a) Its duration. 1914
(b) Its purpose or purposes. 1915
(c) The precise organization, composition, nature and 1916
powers of any separate legal or administrative entity created 1917
thereby; the specific citation of statutory authority vested in 1918
each of the governing authorities of the municipality and rural 1919
water association which are to be a party to the agreement. 1920
(d) The manner of financing, staffing and supplying the 1921
joint or cooperative undertaking and of establishing and 1922
maintaining a budget therefore; provided, that the treasurer and 1923
the disbursing officer of either the municipality or the 1924
association, or both, shall be designated in the agreement to 1925
receive, disburse and account for all funds of the joint 1926
undertaking as a part of the duties of the officer or officers. 1927
(e) The permissible method or methods to be employed in 1928
accomplishing the partial or complete termination or amendment of 1929
the agreement and for disposing of property upon such partial or 1930
complete termination or amendment. 1931
(f) The provision for administration, through a joint 1932
board or other appropriate means, of the joint or cooperative 1933
undertaking in the event that the agreement does not or may not 1934
establish a separate administrative body or legal entity to 1935
conduct the joint or cooperative undertaking. In the case of a 1936
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joint board, both the governing authorities of the municipality 1937
and the rural water association shall be represented. 1938
(g) The manner of acquiring, holding and disposing of 1939
real and personal property used in the joint or cooperative 1940
undertaking in the event that the agreement does not or may not 1941
establish a separate administrative body or legal entity to 1942
conduct the joint or cooperative undertaking. 1943
(h) Any other necessary and proper matters. 1944
SECTION 37. Section 21-25-57, Mississippi Code of 1972, is 1945
brought forward as follows: 1946
21-25-57. The governing authorities of any municipality 1947
entering into an interlocal agreement with a rural water 1948
association operating within the corporate limits of the 1949
municipality pursuant to Sections 21-25-51 through 21-25-59 may 1950
incur bonded and floating indebtedness, including general 1951
obligation indebtedness as authorized by Sections 21-33-301 1952
through 21-33-329 and may appropriate funds for the purpose and in 1953
the manner prescribed by law without regard to whether the 1954
activities and improvements authorized under Section 21-25-51 to 1955
be financed by such debt or appropriation are within or without 1956
the corporate limits of the municipality. The governing 1957
authorities of the municipality may sell, lease, grant or 1958
otherwise supply goods and services to the rural water association 1959
which is a party to the interlocal agreement or the administrative 1960
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body or legal entity created to operate the joint or cooperative 1961
undertaking. 1962
SECTION 38. Section 21-25-59, Mississippi Code of 1972, is 1963
brought forward as follows: 1964
21-25-59. After a water system has been constructed or 1965
upgraded pursuant to the provisions of Sections 21-25-51 through 1966
21-25-59, the municipality which reimbursed or paid a rural water 1967
system for the cost of such construction or upgrading shall not be 1968
charged with the costs of such construction or upgrade upon its 1969
purchase of the water system. The price of such newly constructed 1970
or upgraded water system shall be reduced by an amount equal to 1971
the costs paid by the municipality to the rural water system for 1972
such construction or upgrading of the water system. 1973
SECTION 39. Section 21-27-7, Mississippi Code of 1972, is 1974
brought forward as follows: 1975
21-27-7. (1) (a) The governing authorities of 1976
municipalities shall have the power to erect, purchase, maintain 1977
and operate waterworks, and to regulate the same, and to prescribe 1978
the rates at which water shall be supplied to the users. The 1979
rates at which water, wastewater, and sewer services shall be 1980
supplied shall be just and reasonable based on the actual cost to 1981
operate and maintain the systems, and rates may not be 1982
unreasonably preferential, prejudicial or discriminatory but shall 1983
be sufficient, equitable and consistent in application to each 1984
class of users. While a municipality may set different rates for 1985
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different classifications of users, a municipality shall not 1986
discriminate in setting rates among members of the same 1987
classification. The municipal governing authorities shall make a 1988
finding on the minutes of the governing body establishing the rate 1989
based on the actual cost to operate and maintain the system. A 1990
municipality shall not charge a user a fee for services received 1991
which is less than the cost incurred by the municipality to 1992
provide such services. 1993
(b) The governing authorities of a municipality shall 1994
establish and maintain rates and charges in equitable proportion 1995
to the use of the services and benefits rendered by the waterworks 1996
systems and water treatment facilities serving the municipal area. 1997
From time to time the governing authorities shall adjust such 1998
rates, to the end that the revenues therefrom will be sufficient 1999
at all times to pay the expenses of operating and maintaining such 2000
works, facilities and systems and all of the municipality's 2001
obligations under any contract or bond resolution with respect 2002
thereto. The calculation of a user's bill shall be limited to the 2003
actual amount of volumetric usage, plus those fees reasonable and 2004
necessary for the cost of capital expenses, system operation and 2005
maintenance, and debt service. 2006
(c) If a user's meter is tampered with, unreadable, or 2007
otherwise out-of-order, a municipality may render an estimated 2008
bill to that user for a period not to exceed six (6) months. In 2009
such circumstance, an estimated bill shall be based upon the prior 2010
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average measured usage of the user or a similar user of the same 2011
classification. 2012
(i) Only in the event a municipality is unable to 2013
meet the requirement of billing based solely on volumetric usage, 2014
such municipality may bill based on a flat fee rate where such 2015
municipality has established flat fee billing as its usual and 2016
customary billing practice prior to July 1, 2023, and where such 2017
municipality is actively billing based upon a flat fee rate as of 2018
July 1,2023. In such circumstances, flat fee billing may be 2019
utilized until such time as the municipality implements upgrades 2020
to its system to provide for 2021
volumetric billing. In such circumstance, the municipality may 2022
set different flat fee rates for different classifications of 2023
users, but the municipality shall not discriminate in setting flat 2024
fee rates among members of the same classification, and the 2025
municipality shall not charge a user a fee for services received 2026
that is less than the cost incurred by the municipality to provide 2027
such services. 2028
(ii) The governing authorities of the municipality 2029
shall make a finding annually on the minutes of the governing body 2030
establishing the rate based upon the actual cost to operate and 2031
maintain the system as determined under Generally Accepted 2032
Accounting Principles, and the municipality shall not charge a 2033
user a fee for services received that is less than the cost 2034
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incurred by the municipality, or based on the assessed value of 2035
the property, to provide such services. 2036
(d) Notice of any change in the rate or rate structure 2037
at which services are supplied shall be posted on all bills sent 2038
to users at least one (1) month prior to the effective date of the 2039
rate change. Notice shall also be posted to the municipality's 2040
online web page or bill payment platform, if the municipality has 2041
an online web page or bill payment platform. 2042
(e) Nothing in this statute shall be construed as 2043
prohibiting a user or governing authority of any municipality from 2044
applying for and receiving any federally or privately subsidized 2045
payment assistance, grant or other funds. 2046
(f) The governing authority of a municipality may 2047
provide for the calculation of a user's bill by a method other 2048
than volumetric usage only in exchange for consideration as part 2049
of, or in connection with, an incentive contract or other form of 2050
benefit or assistance related to the user's location, expansion, 2051
or maintenance of its commercial or industrial operation within 2052
the municipality, so long as such rate is equitable, fair, and 2053
nondiscriminatory, and the municipality shall not charge such user 2054
a fee for services received that is less than the cost incurred by 2055
the municipality to provide such services. 2056
(2) The governing authorities of municipalities shall have 2057
the power to acquire by purchase, donation or condemnation, in the 2058
name of the municipality, suitable grounds, within or without the 2059
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corporate limits, upon which to erect waterworks, and also the 2060
right-of-way to and from such works and the right-of-way for 2061
laying water pipes within the corporate limits, and from such 2062
waterworks to the municipality, and to extend such right-of-way 2063
from time to time. The governing authorities shall have the power 2064
to contract with any person for the maintenance and operation of 2065
waterworks. The authorities shall have the power to contract with 2066
any person for the erection and maintenance of waterworks for a 2067
term not exceeding twenty-five (25) years, fixing water rates in 2068
the contract subject to municipal regulations. A contract for the 2069
erection or purchase of waterworks shall not, however, be entered 2070
into until submitted to a vote of the qualified electors and 2071
approved by a majority of those voting. A contract for 2072
maintenance under which the person who will perform such 2073
maintenance is wholly or partially responsible for fixing water 2074
rates shall not be entered into until submitted to a vote of the 2075
qualified electors and approved by a majority of those voting. It 2076
shall be unlawful for any municipally owned waterworks to supply 2077
water free of charge, or in any amount less than the fixed 2078
charges, to any person, firm or corporation, except as is 2079
expressly authorized by law. 2080
SECTION 40. Section 21-27-75, Mississippi Code of 1972, is 2081
brought forward as follows: 2082
21-27-75. (1) The governing authorities of a municipality 2083
are authorized and empowered, in their discretion, to enter into 2084
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an interlocal agreement with a rural water association operating 2085
within the corporate limits of the municipality that requires the 2086
association to terminate the water service of any of its customers 2087
who are thirty (30) days or more delinquent in the payment of 2088
charges for sewer services provided by the municipality. 2089
(2) Any agreement entered into under this section shall at a 2090
minimum: 2091
(a) Require the municipality to notify the association 2092
of any customer of the association who also has sewer service 2093
provided by the municipality who is thirty (30) days or more 2094
delinquent in the payment of sewer charges by a method agreeable 2095
to the municipality and the association; 2096
(b) Provide that upon receipt of a notification the 2097
association shall terminate the water service of the named 2098
customer; 2099
(c) Provide that upon satisfaction of the delinquency 2100
and any fees connected with the delinquency and the termination of 2101
water service, the association shall restart the water service of 2102
the customer; 2103
(d) Provide that the municipality shall save and hold 2104
harmless the association against any and all claims based on the 2105
disconnection of water or sewer service and any other damages 2106
resulting from any action taken by the association under an 2107
interlocal agreement entered into under this section. 2108
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(3) Upon entering into an interlocal agreement under this 2109
section, the association is authorized to terminate the water 2110
service of any customer delinquent in the payment of sewer charges 2111
to the municipality pursuant to the terms of the interlocal 2112
agreement. 2113
SECTION 41. Section 27-104-7, Mississippi Code of 1972, is 2114
brought forward as follows: 2115
27-104-7. (1) (a) There is created the Public Procurement 2116
Review Board, which shall be reconstituted on January 1, 2018, and 2117
shall be composed of the following members: 2118
(i) Three (3) individuals appointed by the 2119
Governor with the advice and consent of the Senate; 2120
(ii) Two (2) individuals appointed by the 2121
Lieutenant Governor with the advice and consent of the Senate; and 2122
(iii) The Executive Director of the Department of 2123
Finance and Administration, serving as an ex officio and nonvoting 2124
member. 2125
(b) The initial terms of each appointee shall be as 2126
follows: 2127
(i) One (1) member appointed by the Governor to 2128
serve for a term ending on June 30, 2019; 2129
(ii) One (1) member appointed by the Governor to 2130
serve for a term ending on June 30, 2020; 2131
(iii) One (1) member appointed by the Governor to 2132
serve for a term ending on June 30, 2021; 2133
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(iv) One (1) member appointed by the Lieutenant 2134
Governor to serve for a term ending on June 30, 2019; and 2135
(v) One (1) member appointed by the Lieutenant 2136
Governor to serve for a term ending on June 30, 2020. 2137
After the expiration of the initial terms, all appointed 2138
members' terms shall be for a period of four (4) years from the 2139
expiration date of the previous term, and until such time as the 2140
member's successor is duly appointed and qualified. 2141
(c) When appointing members to the Public Procurement 2142
Review Board, the Governor and Lieutenant Governor shall take into 2143
consideration persons who possess at least five (5) years of 2144
management experience in general business, health care or finance 2145
for an organization, corporation or other public or private 2146
entity. Any person, or any employee or owner of a company, who 2147
receives any grants, procurements or contracts that are subject to 2148
approval under this section shall not be appointed to the Public 2149
Procurement Review Board. Any person, or any employee or owner of 2150
a company, who is a principal of the source providing a personal 2151
or professional service shall not be appointed to the Public 2152
Procurement Review Board if the principal owns or controls a 2153
greater than five percent (5%) interest or has an ownership value 2154
of One Million Dollars ($1,000,000.00) in the source's business, 2155
whichever is smaller. No member shall be an officer or employee 2156
of the State of Mississippi while serving as a voting member on 2157
the Public Procurement Review Board. 2158
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(d) Members of the Public Procurement Review Board 2159
shall be entitled to per diem as authorized by Section 25-3-69 and 2160
travel reimbursement as authorized by Section 25-3-41. 2161
(e) The members of the Public Procurement Review Board 2162
shall elect a chair from among the membership, and he or she shall 2163
preside over the meetings of the board. The board shall annually 2164
elect a vice chair, who shall serve in the absence of the chair. 2165
No business shall be transacted, including adoption of rules of 2166
procedure, without the presence of a quorum of the board. Three 2167
(3) members shall be a quorum. No action shall be valid unless 2168
approved by a majority of the members present and voting, entered 2169
upon the minutes of the board and signed by the chair. Necessary 2170
clerical and administrative support for the board shall be 2171
provided by the Department of Finance and Administration. Minutes 2172
shall be kept of the proceedings of each meeting, copies of which 2173
shall be filed on a monthly basis with the chairs of the 2174
Accountability, Efficiency and Transparency Committees of the 2175
Senate and House of Representatives and the chairs of the 2176
Appropriations Committees of the Senate and House of 2177
Representatives. 2178
(2) The Public Procurement Review Board shall have the 2179
following powers and responsibilities: 2180
(a) Approve all purchasing regulations governing the 2181
purchase or lease by any agency, as defined in Section 31-7-1, of 2182
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commodities and equipment, except computer equipment acquired 2183
pursuant to Sections 25-53-1 through 25-53-29; 2184
(b) Adopt regulations governing the approval of 2185
contracts let for the construction and maintenance of state 2186
buildings and other state facilities as well as related contracts 2187
for architectural and engineering services. 2188
The provisions of this paragraph (b) shall not apply to such 2189
contracts involving buildings and other facilities of state 2190
institutions of higher learning which are self-administered as 2191
provided under this paragraph (b) or Section 37-101-15(m); 2192
(c) Adopt regulations governing any lease or rental 2193
agreement by any state agency or department, including any state 2194
agency financed entirely by federal funds, for space outside the 2195
buildings under the jurisdiction of the Department of Finance and 2196
Administration. These regulations shall require each agency 2197
requesting to lease such space to provide the following 2198
information that shall be published by the Department of Finance 2199
and Administration on its website: the agency to lease the space; 2200
the terms of the lease; the approximate square feet to be leased; 2201
the use for the space; a description of a suitable space; the 2202
general location desired for the leased space; the contact 2203
information for a person from the agency; the deadline date for 2204
the agency to have received a lease proposal; any other specific 2205
terms or conditions of the agency; and any other information 2206
deemed appropriate by the Division of Real Property Management of 2207
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the Department of Finance and Administration or the Public 2208
Procurement Review Board. The information shall be provided 2209
sufficiently in advance of the time the space is needed to allow 2210
the Division of Real Property Management of the Department of 2211
Finance and Administration to review and preapprove the lease 2212
before the time for advertisement begins; 2213
(d) Adopt, in its discretion, regulations to set aside 2214
at least five percent (5%) of anticipated annual expenditures for 2215
the purchase of commodities from minority businesses; however, all 2216
such set-aside purchases shall comply with all purchasing 2217
regulations promulgated by the department and shall be subject to 2218
all bid requirements. Set-aside purchases for which competitive 2219
bids are required shall be made from the lowest and best minority 2220
business bidder; however, if no minority bid is available or if 2221
the minority bid is more than two percent (2%) higher than the 2222
lowest bid, then bids shall be accepted and awarded to the lowest 2223
and best bidder. However, the provisions in this paragraph shall 2224
not be construed to prohibit the rejection of a bid when only one 2225
(1) bid is received. Such rejection shall be placed in the 2226
minutes. For the purposes of this paragraph, the term "minority 2227
business" means a business which is owned by a person who is a 2228
citizen or lawful permanent resident of the United States and who 2229
is: 2230
(i) Black: having origins in any of the black 2231
racial groups of Africa; 2232
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(ii) Hispanic: of Mexican, Puerto Rican, Cuban, 2233
Central or South American, or other Spanish or Portuguese culture 2234
or origin regardless of race; 2235
(iii) Asian-American: having origins in any of 2236
the original people of the Far East, Southeast Asia, the Indian 2237
subcontinent, or the Pacific Islands; 2238
(iv) American Indian or Alaskan Native: having 2239
origins in any of the original people of North America; or 2240
(v) Female; 2241
(e) In consultation with and approval by the Chairs of 2242
the Senate and House Public Property Committees, approve leases, 2243
for a term not to exceed eighteen (18) months, entered into by 2244
state agencies for the purpose of providing parking arrangements 2245
for state employees who work in the Woolfolk Building, the Carroll 2246
Gartin Justice Building or the Walter Sillers Office Building; 2247
(f) (i) Except as otherwise provided in subparagraph 2248
(ii) of this paragraph, promulgate rules and regulations governing 2249
the solicitation and selection of contractual services personnel, 2250
including personal and professional services contracts for any 2251
form of consulting, policy analysis, public relations, marketing, 2252
public affairs, legislative advocacy services or any other 2253
contract that the board deems appropriate for oversight, with the 2254
exception of: 2255
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1. Any personal service contracts entered 2256
into by any agency that employs only nonstate service employees as 2257
defined in Section 25-9-107(c); 2258
2. Any personal service contracts entered 2259
into for computer or information technology-related services 2260
governed by the Mississippi Department of Information Technology 2261
Services; 2262
3. Any personal service contracts entered 2263
into by the individual state institutions of higher learning; 2264
4. Any personal service contracts entered 2265
into by the Mississippi Department of Transportation; 2266
5. Any personal service contracts entered 2267
into by the Department of Human Services through June 30, 2019, 2268
which the Executive Director of the Department of Human Services 2269
determines would be useful in establishing and operating the 2270
Department of Child Protection Services; 2271
6. Any personal service contracts entered 2272
into by the Department of Child Protection Services through June 2273
30, 2019; 2274
7. Any contracts for entertainers and/or 2275
performers at the Mississippi State Fairgrounds entered into by 2276
the Mississippi Fair Commission; 2277
8. Any contracts entered into by the 2278
Department of Finance and Administration when procuring aircraft 2279
maintenance, parts, equipment and/or services; 2280
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9. Any contract entered into by the 2281
Department of Public Safety for service on specialized equipment 2282
and/or software required for the operation of such specialized 2283
equipment for use by the Office of Forensics Laboratories; 2284
10. Any personal or professional service 2285
contract entered into by the Mississippi Department of Health or 2286
the Department of Revenue solely in connection with their 2287
respective responsibilities under the Mississippi Medical Cannabis 2288
Act from February 2, 2022, through June 30, 2026; 2289
11. Any contract for attorney, accountant, 2290
actuary auditor, architect, engineer, anatomical pathologist, or 2291
utility rate expert services; 2292
12. Any personal service contracts approved 2293
by the Executive Director of the Department of Finance and 2294
Administration and entered into by the Coordinator of Mental 2295
Health Accessibility through June 30, 2022; 2296
13. Any personal or professional services 2297
contract entered into by the State Department of Health in 2298
carrying out its responsibilities under the ARPA Rural Water 2299
Associations Infrastructure Grant Program through June 30, 2026; 2300
14. And any personal or professional services 2301
contract entered into by the Mississippi Department of 2302
Environmental Quality in carrying out its responsibilities under 2303
the Mississippi Municipality and County Water Infrastructure Grant 2304
Program Act of 2022, through June 30, 2026; 2305
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15. Any personal or professional services 2306
contract entered into by an agency for the design, operation or 2307
maintenance of museum exhibits. An agency making a purchase under 2308
this exemption shall publicly advertise a Request for 2309
Qualifications but shall be otherwise exempt. Any contracts 2310
arising from the use of this exemption must be approved by the 2311
Public Procurement Review Board prior to execution by the agency; 2312
16. Any personal or professional services 2313
contract entered into by the Mississippi Department of 2314
Environmental Quality in carrying out its responsibilities under 2315
Section 49-2-13(l). This item 16 shall stand repealed on July 1, 2316
2028; and 2317
17. Any contract entered into by the State 2318
Department of Health for service on specialized equipment and/or 2319
software required for the operation of such specialized equipment 2320
for the use by the Public Health Laboratory. 2321
Any such rules and regulations shall provide for maintaining 2322
continuous internal audit covering the activities of such agency 2323
affecting its revenue and expenditures as required under Section 2324
7-7-3(6)(d). Any rules and regulation changes related to personal 2325
and professional services contracts that the Public Procurement 2326
Review Board may propose shall be submitted to the Chairs of the 2327
Accountability, Efficiency and Transparency Committees of the 2328
Senate and House of Representatives and the Chairs of the 2329
Appropriation Committees of the Senate and House of 2330
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Representatives at least fifteen (15) days before the board votes 2331
on the proposed changes, and those rules and regulation changes, 2332
if adopted, shall be promulgated in accordance with the 2333
Mississippi Administrative Procedures Act. 2334
(ii) From and after July 1, 2024, the Public 2335
Procurement Review Board shall promulgate rules and regulations 2336
that require the Department of Finance and Administration to 2337
conduct personal and professional services solicitations as 2338
provided in subparagraph (i) of this paragraph for those services 2339
in excess of Seventy-five Thousand Dollars ($75,000.00) for the 2340
Department of Marine Resources, the Department of Wildlife, 2341
Fisheries and Parks, the Mississippi Emergency Management Agency 2342
and the Mississippi Development Authority, with assistance to be 2343
provided from these entities. Any powers that have been conferred 2344
upon agencies in order to comply with the provisions of this 2345
section for personal and professional services solicitations shall 2346
be conferred upon the Department of Finance and Administration to 2347
conduct personal and professional services solicitations for the 2348
Department of Marine Resources, the Department of Wildlife, 2349
Fisheries and Parks, the Mississippi Emergency Management Agency 2350
and the Mississippi Development Authority for those services in 2351
excess of Seventy-five Thousand Dollars ($75,000.00). The 2352
Department of Finance and Administration shall make any 2353
submissions that are required to be made by other agencies to the 2354
Public Procurement Review Board for the Department of Marine 2355
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Resources, the Department of Wildlife, Fisheries and Parks, the 2356
Mississippi Emergency Management Agency and the Mississippi 2357
Development Authority. 2358
The provisions of this subparagraph (ii) shall stand repealed 2359
on June 30, 2027; 2360
(g) Approve all personal and professional services 2361
contracts involving the expenditures of funds in excess of 2362
Seventy-five Thousand Dollars ($75,000.00), except as provided in 2363
paragraph (f) of this subsection (2) and in subsection (8); 2364
(h) Develop mandatory standards with respect to 2365
contractual services personnel that require invitations for public 2366
bid, requests for proposals, record keeping and financial 2367
responsibility of contractors. The Public Procurement Review 2368
Board shall, unless exempted under this paragraph (h) or under 2369
paragraph (i) or (o) of this subsection (2), require the agency 2370
involved to submit the procurement to a competitive procurement 2371
process, and may reserve the right to reject any or all resulting 2372
procurements; 2373
(i) Prescribe certain circumstances by which agency 2374
heads may enter into contracts for personal and professional 2375
services without receiving prior approval from the Public 2376
Procurement Review Board. The Public Procurement Review Board may 2377
establish a preapproved list of providers of various personal and 2378
professional services for set prices with which state agencies may 2379
contract without bidding or prior approval from the board; 2380
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(i) Agency requirements may be fulfilled by 2381
procuring services performed incident to the state's own programs. 2382
The agency head shall determine in writing whether the price 2383
represents a fair market value for the services. When the 2384
procurements are made from other governmental entities, the 2385
private sector need not be solicited; however, these contracts 2386
shall still be submitted for approval to the Public Procurement 2387
Review Board. 2388
(ii) Contracts between two (2) state agencies, 2389
both under Public Procurement Review Board purview, shall not 2390
require Public Procurement Review Board approval. However, the 2391
contracts shall still be entered into the enterprise resource 2392
planning system; 2393
(j) Provide standards for the issuance of requests for 2394
proposals, the evaluation of proposals received, consideration of 2395
costs and quality of services proposed, contract negotiations, the 2396
administrative monitoring of contract performance by the agency 2397
and successful steps in terminating a contract; 2398
(k) Present recommendations for governmental 2399
privatization and to evaluate privatization proposals submitted by 2400
any state agency; 2401
(l) Authorize personal and professional service 2402
contracts to be effective for more than one (1) year provided a 2403
funding condition is included in any such multiple year contract, 2404
except the State Board of Education, which shall have the 2405
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authority to enter into contractual agreements for student 2406
assessment for a period up to ten (10) years. The State Board of 2407
Education shall procure these services in accordance with the 2408
Public Procurement Review Board procurement regulations; 2409
(m) Request the State Auditor to conduct a performance 2410
audit on any personal or professional service contract; 2411
(n) Prepare an annual report to the Legislature 2412
concerning the issuance of personal and professional services 2413
contracts during the previous year, collecting any necessary 2414
information from state agencies in making such report; 2415
(o) Develop and implement the following standards and 2416
procedures for the approval of any sole source contract for 2417
personal and professional services regardless of the value of the 2418
procurement: 2419
(i) For the purposes of this paragraph (o), the 2420
term "sole source" means only one (1) source is available that can 2421
provide the required personal or professional service. 2422
(ii) An agency that has been issued a binding, 2423
valid court order mandating that a particular source or provider 2424
must be used for the required service must include a copy of the 2425
applicable court order in all future sole source contract reviews 2426
for the particular personal or professional service referenced in 2427
the court order. 2428
(iii) Any agency alleging to have a sole source 2429
for any personal or professional service, other than those 2430
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exempted under paragraph (f) of this subsection (2) and subsection 2431
(8), shall publish on the procurement portal website established 2432
by Sections 25-53-151 and 27-104-165, for at least fourteen (14) 2433
days, the terms of the proposed contract for those services. In 2434
addition, the publication shall include, but is not limited to, 2435
the following information: 2436
1. The personal or professional service 2437
offered in the contract; 2438
2. An explanation of why the personal or 2439
professional service is the only one that can meet the needs of 2440
the agency; 2441
3. An explanation of why the source is the 2442
only person or entity that can provide the required personal or 2443
professional service; 2444
4. An explanation of why the amount to be 2445
expended for the personal or professional service is reasonable; 2446
and 2447
5. The efforts that the agency went through 2448
to obtain the best possible price for the personal or professional 2449
service. 2450
(iv) If any person or entity objects and proposes 2451
that the personal or professional service published under 2452
subparagraph (iii) of this paragraph (o) is not a sole source 2453
service and can be provided by another person or entity, then the 2454
objecting person or entity shall notify the Public Procurement 2455
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Review Board and the agency that published the proposed sole 2456
source contract with a detailed explanation of why the personal or 2457
professional service is not a sole source service. 2458
(v) 1. If the agency determines after review that 2459
the personal or professional service in the proposed sole source 2460
contract can be provided by another person or entity, then the 2461
agency must withdraw the sole source contract publication from the 2462
procurement portal website and submit the procurement of the 2463
personal or professional service to an advertised competitive bid 2464
or selection process. 2465
2. If the agency determines after review that 2466
there is only one (1) source for the required personal or 2467
professional service, then the agency may appeal to the Public 2468
Procurement Review Board. The agency has the burden of proving 2469
that the personal or professional service is only provided by one 2470
(1) source. 2471
3. If the Public Procurement Review Board has 2472
any reasonable doubt as to whether the personal or professional 2473
service can only be provided by one (1) source, then the agency 2474
must submit the procurement of the personal or professional 2475
service to an advertised competitive bid or selection process. No 2476
action taken by the Public Procurement Review Board in this appeal 2477
process shall be valid unless approved by a majority of the 2478
members of the Public Procurement Review Board present and voting. 2479
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(vi) The Public Procurement Review Board shall 2480
prepare and submit a quarterly report to the House of 2481
Representatives and Senate Accountability, Efficiency and 2482
Transparency Committees that details the sole source contracts 2483
presented to the Public Procurement Review Board and the reasons 2484
that the Public Procurement Review Board approved or rejected each 2485
contract. These quarterly reports shall also include the 2486
documentation and memoranda required in subsection (4) of this 2487
section. An agency that submitted a sole source contract shall be 2488
prepared to explain the sole source contract to each committee by 2489
December 15 of each year upon request by the committee; 2490
(p) Assess any fines and administrative penalties 2491
provided for in Sections 31-7-401 through 31-7-423. 2492
(3) All submissions shall be made sufficiently in advance of 2493
each monthly meeting of the Public Procurement Review Board as 2494
prescribed by the Public Procurement Review Board. If the Public 2495
Procurement Review Board rejects any contract submitted for review 2496
or approval, the Public Procurement Review Board shall clearly set 2497
out the reasons for its action, including, but not limited to, the 2498
policy that the agency has violated in its submitted contract and 2499
any corrective actions that the agency may take to amend the 2500
contract to comply with the rules and regulations of the Public 2501
Procurement Review Board. 2502
(4) All sole source contracts for personal and professional 2503
services awarded by state agencies, other than those exempted 2504
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under Section 27-104-7(2)(f) and (8), whether approved by an 2505
agency head or the Public Procurement Review Board, shall contain 2506
in the procurement file a written determination for the approval, 2507
using a request form furnished by the Public Procurement Review 2508
Board. The written determination shall document the basis for the 2509
determination, including any market analysis conducted in order to 2510
ensure that the service required was practicably available from 2511
only one (1) source. A memorandum shall accompany the request 2512
form and address the following four (4) points: 2513
(a) Explanation of why this service is the only service 2514
that can meet the needs of the purchasing agency; 2515
(b) Explanation of why this vendor is the only 2516
practicably available source from which to obtain this service; 2517
(c) Explanation of why the price is considered 2518
reasonable; and 2519
(d) Description of the efforts that were made to 2520
conduct a noncompetitive negotiation to get the best possible 2521
price for the taxpayers. 2522
(5) In conjunction with the State Personnel Board, the 2523
Public Procurement Review Board shall develop and promulgate rules 2524
and regulations to define the allowable legal relationship between 2525
contract employees and the contracting departments, agencies and 2526
institutions of state government under the jurisdiction of the 2527
State Personnel Board, in compliance with the applicable rules and 2528
regulations of the federal Internal Revenue Service (IRS) for 2529
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federal employment tax purposes. Under these regulations, the 2530
usual common law rules are applicable to determine and require 2531
that such worker is an independent contractor and not an employee, 2532
requiring evidence of lawful behavioral control, lawful financial 2533
control and lawful relationship of the parties. Any state 2534
department, agency or institution shall only be authorized to 2535
contract for personnel services in compliance with those 2536
regulations. 2537
(6) No member of the Public Procurement Review Board shall 2538
use his or her official authority or influence to coerce, by 2539
threat of discharge from employment, or otherwise, the purchase of 2540
commodities, the contracting for personal or professional 2541
services, or the contracting for public construction under this 2542
chapter. 2543
(7) Notwithstanding any other laws or rules to the contrary, 2544
the provisions of subsection (2) of this section shall not be 2545
applicable to the Mississippi State Port Authority at Gulfport. 2546
(8) Nothing in this section shall impair or limit the 2547
authority of the Board of Trustees of the Public Employees' 2548
Retirement System to enter into any personal or professional 2549
services contracts directly related to their constitutional 2550
obligation to manage the trust funds, including, but not limited 2551
to, actuarial, custodial banks, cash management, investment 2552
consultant and investment management contracts. Nothing in this 2553
section shall impair or limit the authority of the State Treasurer 2554
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to enter into any personal or professional services contracts 2555
involving the management of trust funds, including, but not 2556
limited to, actuarial, custodial banks, cash management, 2557
investment consultant and investment management contracts. 2558
(9) Through December 31, 2026, the provisions of this 2559
section related to rental agreements or leasing of real property 2560
for the purpose of conducting agency business shall not apply to 2561
the Office of Workforce Development created in Section 37-153-7. 2562
SECTION 42. Section 31-7-9, Mississippi Code of 1972, is 2563
brought forward as follows: 2564
31-7-9. (1) (a) The Office of Purchasing, Travel and Fleet 2565
Management shall adopt purchasing regulations governing the 2566
purchase by any agency of any commodity or commodities and 2567
establishing standards and specifications for a commodity or 2568
commodities and the maximum fair prices of a commodity or 2569
commodities, subject to the approval of the Public Procurement 2570
Review Board. It shall have the power to amend, add to or 2571
eliminate purchasing regulations. The adoption of, amendment, 2572
addition to or elimination of purchasing regulations shall be 2573
based upon a determination by the Office of Purchasing, Travel and 2574
Fleet Management with the approval of the Public Procurement 2575
Review Board, that such action is reasonable and practicable and 2576
advantageous to promote efficiency and economy in the purchase of 2577
commodities by the agencies of the state. Upon the adoption of 2578
any purchasing regulation, or an amendment, addition or 2579
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elimination therein, copies of same shall be furnished to the 2580
State Auditor and to all agencies affected thereby. Thereafter, 2581
and except as otherwise may be provided in subsection (2) of this 2582
section, no agency of the state shall purchase any commodities 2583
covered by existing purchasing regulations unless such commodities 2584
be in conformity with the standards and specifications set forth 2585
in the purchasing regulations and unless the price thereof does 2586
not exceed the maximum fair price established by such purchasing 2587
regulations. The Office of Purchasing, Travel and Fleet 2588
Management shall furnish to any county or municipality or other 2589
local public agency of the state requesting same, copies of 2590
purchasing regulations adopted by the Office of Purchasing, Travel 2591
and Fleet Management and any amendments, changes or eliminations 2592
of same that may be made from time to time. 2593
(b) The Office of Purchasing, Travel and Fleet 2594
Management may adopt purchasing regulations governing the use of 2595
credit cards, procurement cards and purchasing club membership 2596
cards to be used by state agencies, governing authorities of 2597
counties and municipalities, school districts and the Chickasawhay 2598
Natural Gas District. Use of the cards shall be in strict 2599
compliance with the regulations promulgated by the office. Any 2600
amounts due on the cards shall incur interest charges as set forth 2601
in Section 31-7-305 and shall not be considered debt. 2602
(c) Pursuant to the provision of Section 37-61-33(2), 2603
the Office of Purchasing, Travel and Fleet Management of the 2604
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Department of Finance and Administration is authorized to issue 2605
procurement cards or credentials for a digital solution to all 2606
public school district classroom teachers, charter school 2607
teachers, full- or part-time gifted or special education teachers 2608
and other necessary direct support personnel at the beginning of 2609
the school year, but no later than August 1 of each year, for the 2610
purchase of instructional supplies using Educational Enhancement 2611
Funds. The cards will be issued in equal amounts per teacher 2612
determined by the total number of qualifying personnel and the 2613
then current state appropriation for classroom instructional 2614
supplies under the Education Enhancement Fund. All purchases 2615
shall be in accordance with state law and teachers are responsible 2616
for verification of capital asset requirements when pooling monies 2617
to purchase equipment. The cards will expire on a predetermined 2618
date at the end of each school year, but not before April 1 of 2619
each year. All unexpended amounts will be carried forward, to be 2620
combined with the following year's instructional supply fund 2621
allocation, and reallocated for the following year. The 2622
Department of Finance and Administration is authorized to loan any 2623
start-up funds at the beginning of the school year to fund this 2624
procurement system for instructional supplies with loan repayment 2625
being made from sales tax receipts earmarked for the Education 2626
Enhancement Fund. 2627
(d) In a sale of goods or services, the seller shall 2628
not impose a surcharge on a buyer who uses a state-issued credit 2629
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card, procurement card, travel card, or fuel card. The Department 2630
of Finance and Administration shall have exclusive jurisdiction to 2631
enforce and adopt rules relating to this paragraph. Any rules 2632
adopted under this paragraph shall be consistent with federal laws 2633
and regulations governing credit card transactions described by 2634
this paragraph. This paragraph does not create a cause of action 2635
against an individual for a violation of this paragraph. 2636
(2) The Office of Purchasing, Travel and Fleet Management 2637
shall adopt, subject to the approval of the Public Procurement 2638
Review Board, purchasing regulations governing the purchase of 2639
unmarked vehicles to be used by the Bureau of Narcotics and 2640
Department of Public Safety in official investigations pursuant to 2641
Section 25-1-87. Such regulations shall ensure that purchases of 2642
such vehicles shall be at a fair price and shall take into 2643
consideration the peculiar needs of the Bureau of Narcotics and 2644
Department of Public Safety in undercover operations. 2645
(3) The Office of Purchasing, Travel and Fleet Management 2646
shall adopt, subject to the approval of the Public Procurement 2647
Review Board, regulations governing the certification process for 2648
certified purchasing offices, including the Mississippi Purchasing 2649
Certification Program, which shall be required of all purchasing 2650
agents at state agencies. Such regulations shall require entities 2651
desiring to be classified as certified purchasing offices to 2652
submit applications and applicable documents on an annual basis, 2653
and in the case of a state agency purchasing office, to have one 2654
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hundred percent (100%) participation and completion by purchasing 2655
agents in the Mississippi Purchasing Certification Program, at 2656
which time the Office of Purchasing, Travel and Fleet Management 2657
may provide the governing entity with a certification valid for 2658
one (1) year from the date of issuance. The Office of Purchasing, 2659
Travel and Fleet Management shall set a fee in an amount that 2660
recovers its costs to administer the Mississippi Purchasing 2661
Certification Program, which shall be assessed to the 2662
participating state agencies. 2663
(4) The Office of Purchasing, Travel and Fleet Management 2664
shall adopt purchasing regulations authorizing rural water 2665
associations to purchase at the state contract price afforded to 2666
agencies and governing authorities under this chapter. 2667
SECTION 43. Section 41-3-16, Mississippi Code of 1972, is 2668
brought forward as follows: 2669
41-3-16. (1) (a) There is established a local governments 2670
and rural water systems improvements revolving loan and grant 2671
program to be administered by the State Department of Health, 2672
referred to in this section as "department," for the purpose of 2673
assisting counties, incorporated municipalities, the Pearl River 2674
Valley Water Supply District, other districts and other water 2675
organizations that have been granted tax-exempt status under 2676
either federal or state law, in making improvements to their water 2677
systems, including construction of new water systems or expansion 2678
or repair of existing water systems. Loan and grant proceeds may 2679
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be used by the recipient for planning, professional services, 2680
acquisition of interests in land, acquisition of personal 2681
property, construction, construction-related services, 2682
maintenance, and any other reasonable use which the board, in its 2683
discretion, may allow. For purposes of this section, "water 2684
systems" has the same meaning as the term "public water system" 2685
under Section 41-26-3. 2686
(b) (i) There is created a board to be known as the 2687
"Local Governments and Rural Water Systems Improvements Board," 2688
referred to in this section as "board," to be composed of the 2689
following nine (9) members: the State Health Officer, or his 2690
designee, who shall serve as chairman of the board; the Executive 2691
Director of the Mississippi Development Authority, or his 2692
designee; the Executive Director of the Department of 2693
Environmental Quality, or his designee; the Executive Director of 2694
the Department of Finance and Administration, or his designee; the 2695
Executive Director of the Mississippi Association of Supervisors, 2696
or his designee; the Executive Director of the Mississippi 2697
Municipal League, or his designee; the Executive Director of the 2698
American Council of Engineering Companies of Mississippi, or his 2699
designee; the State Director of the United States Department of 2700
Agriculture, Rural Development, or his designee; and a manager of 2701
a rural water system. 2702
The Governor shall appoint a manager of a rural water system 2703
from a list of candidates provided by the Executive Director of 2704
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the Mississippi Rural Water Association. The Executive Director 2705
of the Mississippi Rural Water Association shall provide the 2706
Governor a list of candidates which shall contain a minimum of 2707
three (3) candidates for each appointment. 2708
(ii) Nonappointed members of the board may 2709
designate another representative of their agency or association to 2710
serve as an alternate. 2711
(iii) The gubernatorial appointee shall serve a 2712
term concurrent with the term of the Governor and until a 2713
successor is appointed and qualified. No member, officer or 2714
employee of the Board of Directors of the Mississippi Rural Water 2715
Association shall be eligible for appointment. 2716
(c) The department, if requested by the board, shall 2717
furnish the board with facilities and staff as needed to 2718
administer this section. The department may contract, upon 2719
approval by the board, for those facilities and staff needed to 2720
administer this section, including routine management, as it deems 2721
necessary. The board may advertise for or solicit proposals from 2722
public or private sources, or both, for administration of this 2723
section or any services required for administration of this 2724
section or any portion thereof. It is the intent of the 2725
Legislature that the board endeavor to ensure that the costs of 2726
administration of this section are as low as possible in order to 2727
provide the water consumers of Mississippi safe drinking water at 2728
affordable prices. 2729
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(d) Members of the board may not receive any salary, 2730
compensation or per diem for the performance of their duties under 2731
this section. 2732
(2) (a) There is created a special fund in the State 2733
Treasury to be designated as the "Local Governments and Rural 2734
Water Systems Improvements Revolving Loan Fund," referred to in 2735
this section as "revolving fund," which fund shall consist of 2736
those monies as provided in Sections 6 and 13 of Chapter 521, Laws 2737
of 1995. The revolving fund may receive appropriations, bond 2738
proceeds, grants, gifts, donations or funds from any source, 2739
public or private. Except as otherwise provided in this section, 2740
the revolving fund shall be credited with all repayments of 2741
principal and interest derived from loans made from the revolving 2742
fund. Except as otherwise provided in this section, the monies in 2743
the revolving fund may be expended only in amounts appropriated by 2744
the Legislature, and the different amounts specifically provided 2745
for the loan program and the grant program shall be so designated. 2746
Except as otherwise provided in this section, monies in the fund 2747
may only be expended for the grant program from the amount 2748
designated for such program. The revolving fund shall be 2749
maintained in perpetuity for the purposes established in this 2750
section and Sections 6 through 20 of Chapter 521, Laws of 1995. 2751
Unexpended amounts remaining in the revolving fund at the end of a 2752
fiscal year shall not lapse into the State General Fund, and any 2753
interest earned on amounts in the revolving fund shall be 2754
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deposited to the credit of the fund. Monies in the revolving fund 2755
may not be used or expended for any purpose except as authorized 2756
under this section and Sections 6 through 20 of Chapter 521, Laws 2757
of 1995. Any monies in the fund may be used to match any federal 2758
funds that are available for the same or related purposes for 2759
which funds are used and expended under this section and Sections 2760
6 through 20 of Chapter 521, Laws of 1995. Any federal funds 2761
shall be used and expended only in accordance with federal laws, 2762
rules and regulations governing the expenditure of those funds. 2763
No person shall use any monies from the revolving fund for the 2764
acquisition of real property or any interest in real property 2765
unless that property is integral to the project funded under this 2766
section and the purchase is made from a willing seller. No 2767
county, incorporated municipality or district shall acquire any 2768
real property or any interest in any real property for a project 2769
funded through the revolving fund by condemnation. The board's 2770
application of Sections 43-37-1 through 43-37-13 shall be no more 2771
stringent or extensive in scope, coverage and effect than federal 2772
property acquisition laws and regulations. 2773
(b) There is created a special fund in the State 2774
Treasury to be designated as the "Local Governments and Rural 2775
Water Systems Emergency Loan Fund," hereinafter referred to as 2776
"emergency fund," which fund shall consist of those monies as 2777
provided in Sections 6 and 13 of Chapter 521, Laws of 1995. The 2778
emergency fund may receive appropriations, bond proceeds, grants, 2779
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gifts, donations or funds from any source, public or private. 2780
Except as otherwise provided in this section, the emergency fund 2781
shall be credited with all repayments of principal and interest 2782
derived from loans made from the emergency fund. Except as 2783
otherwise provided in this section, the monies in the emergency 2784
fund may be expended only in amounts appropriated by the 2785
Legislature. The emergency fund shall be maintained in perpetuity 2786
for the purposes established in this section and Section 6 of 2787
Chapter 521, Laws of 1995. Unexpended amounts remaining in the 2788
emergency fund at the end of a fiscal year shall not lapse into 2789
the State General Fund. Any interest earned on amounts in the 2790
emergency fund shall be deposited to the credit of the fund. 2791
Monies in the emergency fund may not be used or expended for any 2792
purpose except as authorized under this section and Section 6 of 2793
Chapter 521, Laws of 1995. 2794
(c) The board created in subsection (1) shall establish 2795
loan and grant programs by which loans and grants may be made 2796
available to counties, incorporated municipalities, districts or 2797
other water organizations that have been granted tax-exempt status 2798
under either federal or state law, to assist those counties, 2799
incorporated municipalities, districts or water organizations in 2800
making water systems improvements, including the construction of 2801
new water systems or expansion or repair of existing water 2802
systems. Any entity eligible under this section may receive 2803
either a loan or a grant, or both. No grant awarded under the 2804
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program established in this section may be made using funds from 2805
the loan program. Grants may be awarded only when the Legislature 2806
specifically appropriates funds for that particular purpose. The 2807
interest rate on those loans may vary from time to time and from 2808
loan to loan, and will be at or below market interest rates as 2809
determined by the board. The board shall act as quickly as is 2810
practicable and prudent in deciding on any loan request that it 2811
receives. Loans from the revolving fund or emergency fund may be 2812
made to counties, incorporated municipalities, districts or other 2813
water organizations that have been granted tax-exempt status under 2814
either federal or state law, as set forth in a loan agreement in 2815
amounts not to exceed one hundred percent (100%) of eligible 2816
project costs as established by the board. The board may require 2817
county, municipal, district or other water organization 2818
participation or funding from other sources, or otherwise limit 2819
the percentage of costs covered by loans from the revolving fund 2820
or the emergency fund. The board may establish a maximum amount 2821
for any loan from the revolving fund or emergency fund in order to 2822
provide for broad and equitable participation in the programs. 2823
(d) A county that receives a loan from the revolving 2824
fund or the emergency fund shall pledge for repayment of the loan 2825
any part of the homestead exemption annual tax loss reimbursement 2826
to which it may be entitled under Section 27-33-77, as may be 2827
required to meet the repayment schedule contained in the loan 2828
agreement. An incorporated municipality that receives a loan from 2829
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the revolving fund or the emergency fund shall pledge for 2830
repayment of the loan any part of the sales tax revenue 2831
distribution to which it may be entitled under Section 27-65-75, 2832
as may be required to meet the repayment schedule contained in the 2833
loan agreement. All recipients of such loans shall establish a 2834
dedicated source of revenue for repayment of the loan. Before any 2835
county or incorporated municipality shall receive any loan, it 2836
shall have executed with the Department of Revenue and the board a 2837
loan agreement evidencing that loan. The loan agreement shall not 2838
be construed to prohibit any recipient from prepaying any part or 2839
all of the funds received. The repayment schedule in each loan 2840
agreement shall provide for (i) monthly payments, (ii) semiannual 2841
payments, or (iii) other periodic payments, the annual total of 2842
which shall not exceed the annual total for any other year of the 2843
loan by more than fifteen percent (15%). Except as otherwise 2844
provided in subsection (4) of this section, the loan agreement 2845
shall provide for the repayment of all funds received from the 2846
revolving fund within not more than fifteen (15) years or a term 2847
as otherwise allowed by the federal Safe Drinking Water Act, and 2848
all funds received from the emergency fund within not more than 2849
five (5) years from the date of project completion, and any 2850
repayment shall commence not later than one (1) year after project 2851
completion. The Department of Revenue shall withhold semiannually 2852
from counties and monthly from incorporated municipalities from 2853
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the amount to be remitted to the county or municipality, a sum 2854
equal to the next repayment as provided in the loan agreement. 2855
(e) Any county, incorporated municipality, district or 2856
other water organization desiring to construct a project approved 2857
by the board which receives a loan from the state for that purpose 2858
but which is not eligible to pledge for repayment under the 2859
provisions of paragraph (d) of this subsection shall repay that 2860
loan by making payments each month to the State Treasurer through 2861
the Department of Finance and Administration for and on behalf of 2862
the board according to Section 7-7-15, to be credited to either 2863
the revolving fund or the emergency fund, whichever is 2864
appropriate, in lieu of pledging homestead exemption annual tax 2865
loss reimbursement or sales tax revenue distribution. 2866
Loan repayments shall be according to a repayment schedule 2867
contained in each loan agreement as provided in paragraph (d) of 2868
this subsection. 2869
(f) Any district created pursuant to Sections 19-5-151 2870
through 19-5-207 that receives a loan from the revolving fund or 2871
the emergency fund shall pledge for repayment of the loan any part 2872
of the revenues received by that district pursuant to Sections 2873
19-5-151 through 19-5-207, as may be required to meet the 2874
repayment schedule contained in the loan agreement. 2875
(g) The State Auditor, upon request of the board, shall 2876
audit the receipts and expenditures of a county, an incorporated 2877
municipality, district or other water organization whose loan 2878
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repayments appear to be in arrears, and if the Auditor finds that 2879
the county, incorporated municipality, district or other water 2880
organization is in arrears in those repayments, the Auditor shall 2881
immediately notify the chairman of the board who may take any 2882
action as may be necessary to enforce the terms of the loan 2883
agreement, including liquidation and enforcement of the security 2884
given for repayment of the loan, and the Executive Director of the 2885
Department of Finance and Administration who shall withhold all 2886
future payments to the county of homestead exemption annual tax 2887
loss reimbursements under Section 27-33-77 and all sums allocated 2888
to the county or the incorporated municipality under Section 2889
27-65-75 until such time as the county or the incorporated 2890
municipality is again current in its loan repayments as certified 2891
by the board. 2892
(h) Except as otherwise provided in this section, all 2893
monies deposited in the revolving fund or the emergency fund, 2894
including loan repayments and interest earned on those repayments, 2895
shall be used only for providing loans or other financial 2896
assistance to water systems as the board deems appropriate. In 2897
addition, any amounts in the revolving fund or the emergency fund 2898
may be used to defray the reasonable costs of administering the 2899
revolving fund or the emergency fund and conducting activities 2900
under this section and Sections 6 through 20 of Chapter 521, Laws 2901
of 1995, subject to any limitations established in the federal 2902
Safe Drinking Water Act, as amended and subject to annual 2903
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appropriation by the Legislature. The department is authorized, 2904
upon approval by the board, to use amounts available to it from 2905
the revolving fund or the emergency fund to contract for those 2906
facilities and staff needed to administer and provide routine 2907
management for the funds and loan program. However, 2908
notwithstanding any other provision of law to the contrary, all or 2909
any portion of repayments of principal and interest derived from 2910
the fund uses described in this section may be designated or 2911
pledged for repayment of a loan as provided for in Section 2912
31-25-28 in connection with a loan from the Mississippi 2913
Development Bank. 2914
(3) In administering this section and Sections 6 through 20 2915
of Chapter 521, Laws of 1995, the board created in subsection (1) 2916
of this section shall have the following powers and duties: 2917
(a) To supervise the use of all funds made available 2918
under this section and Sections 6 through 20 of Chapter 521, Laws 2919
of 1995, for local governments and rural water systems 2920
improvements; 2921
(b) To promulgate rules and regulations, to make 2922
variances and exceptions thereto, and to establish procedures in 2923
accordance with this section and Sections 6 through 20 of Chapter 2924
521, Laws of 1995, for the implementation of the local governments 2925
and rural water systems improvements revolving loan program; 2926
(c) To require, at the board's discretion, any loan or 2927
grant recipient to impose a per connection fee or surcharge or 2928
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amended water rate schedule or tariff on each customer or any 2929
class of customers, benefiting from an improvement financed by a 2930
loan or grant made under this section, for repayment of any loan 2931
funds provided under this section and Sections 6 through 20 of 2932
Chapter 521, Laws of 1995. The board may require any loan or 2933
grant recipient to undergo a water system viability analysis and 2934
may require a loan or grant recipient to implement any result of 2935
the viability analysis. If the loan recipient fails to implement 2936
any result of a viability analysis as required by the board, the 2937
board may impose a monetary penalty or increase the interest rate 2938
on the loan, or both. If the grant recipient fails to implement 2939
any result of a viability analysis as required by the board, the 2940
board may impose a monetary penalty on the grant; 2941
(d) To review and certify all projects for which funds 2942
are authorized to be made available under this section and 2943
Sections 6 through 20 of Chapter 521, Laws of 1995, for local 2944
governments and rural water systems improvements; 2945
(e) To requisition monies in the Local Governments and 2946
Rural Water Systems Improvements Revolving Loan Fund and the Local 2947
Governments and Rural Water Systems Emergency Loan Fund and 2948
distribute those monies on a project-by-project basis in 2949
accordance with this section; 2950
(f) To ensure that the funds made available under this 2951
section and Sections 6 through 20 of Chapter 521, Laws of 1995, to 2952
a county, an incorporated municipality, a district or a water 2953
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organization that has been granted tax-exempt status under either 2954
federal or state law provide for a distribution of projects and 2955
funds among the entities under a priority system established by 2956
the board; 2957
(g) To maintain in accordance with generally accepted 2958
government accounting standards an accurate record of all monies 2959
in the revolving fund and the emergency fund made available to 2960
counties, incorporated municipalities, districts or other water 2961
organizations under this section and Sections 6 through 20 of 2962
Chapter 521, Laws of 1995, and the costs for each project; 2963
(h) To establish policies, procedures and requirements 2964
concerning viability and financial capability to repay loans that 2965
may be used in approving loans available under this section, 2966
including a requirement that all loan recipients have a rate 2967
structure which will be sufficient to cover the costs of 2968
operation, maintenance, major equipment replacement and repayment 2969
of any loans made under this section; and 2970
(i) To file annually with the Legislature a report 2971
detailing how monies in the Local Governments and Rural Water 2972
Systems Improvements Revolving Loan Fund and the Local Governments 2973
and Rural Water Systems Emergency Loan Fund were spent during the 2974
preceding fiscal year in each county, incorporated municipality, 2975
district or other water organization, the number of projects 2976
approved and constructed, and the cost of each project. 2977
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For efficient and effective administration of the loan 2978
program, revolving fund and emergency fund, the board may 2979
authorize the department or the State Health Officer to carry out 2980
any or all of the powers and duties enumerated above. 2981
(4) The board may, on a case-by-case basis and to the extent 2982
allowed by federal law, renegotiate the payment of principal and 2983
interest on loans made under this section to the six (6) most 2984
southern counties of the state covered by the Presidential 2985
Declaration of Major Disaster for the State of Mississippi 2986
(FEMA-1604-DR) dated August 29, 2005, and to incorporated 2987
municipalities, districts or other water organizations located in 2988
such counties; however, the interest on the loans shall not be 2989
forgiven for a period of more than twenty-four (24) months and the 2990
maturity of the loans shall not be extended for a period of more 2991
than forty-eight (48) months. 2992
SECTION 44. Section 41-3-16.1, Mississippi Code of 1972, is 2993
brought forward as follows: 2994
41-3-16.1. (1) (a) The State Department of Health 2995
(department) shall establish a grant program to be known as the 2996
ARPA Rural Water Associations Infrastructure Grant Program 2997
(program) to assist rural water associations and entities in the 2998
construction of eligible drinking water infrastructure projects as 2999
provided in the Final Rule for the Coronavirus State and Local 3000
Fiscal Recovery Funds as established by the federal American 3001
Rescue Plan Act (ARPA). 3002
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(b) Rural water associations and any entity that 3003
received funding under the ARPA Rural Water Associations 3004
Infrastructure Grant Program or the Mississippi Municipality and 3005
County Water Infrastructure (MCWI) Grant Program before April 14, 3006
2023, shall be ineligible for additional grants under this 3007
section. 3008
(2) The program shall be funded from appropriations by the 3009
Legislature to the department from the Coronavirus State Fiscal 3010
Recovery Fund, and the department shall expend all such funds for 3011
the purposes provided in subsection (1) of this section. 3012
(3) The department shall obligate the funds by the deadline 3013
set by the rules and guidelines of the United States Department of 3014
the Treasury and will adhere to the Treasury's rules and 3015
guidelines for reporting and monitoring projects funded through 3016
ARPA. 3017
(4) (a) The department shall develop a system for use in 3018
ranking the grant applications received. The ranking system shall 3019
include the following factors, at a minimum: (a) the 3020
environmental impact of the proposed project; (b) the proposed 3021
project's ability to address noncompliance with state/federal 3022
requirements; (c) the extent to which the project promotes 3023
economic development; (d) the number of people served by the 3024
project (both new and existing users); (e) impacts of the proposed 3025
project on disadvantaged/overburdened communities; (f) the grant 3026
applicant's prior efforts to secure funding to address the 3027
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proposed project's objectives; (g) the grant applicant's proposed 3028
contribution of other funds or in-kind cost-sharing to the 3029
proposed project; (h) the grant applicant's long-term plans for 3030
the financial and physical operation and maintenance of the 3031
project; and (i) the grant applicant's capacity to initiate 3032
construction in a timely manner and complete the proposed project 3033
by the deadline specified by rules and guidelines of the United 3034
States Department of the Treasury for ARPA funds. 3035
(b) For the second round of grant awards, the 3036
department shall apply a greater weight to grant applications that 3037
promote consolidation of separate systems. In order to receive 3038
the additional weight, the systems that will consolidate shall be 3039
in a proximity of each other as determined by the department. 3040
(c) In addition to the points awarded under paragraph 3041
(b) of this subsection, an additional ten (10) points shall be 3042
added to any application with at least one (1) system that has 3043
consolidated after January 1, 2018, and before application to this 3044
program and is otherwise eligible under this section. 3045
(5) An application for a grant under this section shall be 3046
submitted at such time, be in such form, and contain such 3047
information as the department prescribes. 3048
(6) (a) Upon the approval of an application for a grant 3049
under this section, the department shall enter into a project 3050
grant agreement with each grantee to establish the terms of the 3051
grant for the project, including the amount of the grant. 3052
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(b) (i) For the first award of grants, the maximum 3053
amount of funds that may be provided to any rural water 3054
association or entity from all grants under the program is Two 3055
Million Five Hundred Thousand Dollars ($2,500,000.00). 3056
(ii) For the second round of grant awards, the 3057
maximum amount of funds that may be provided to any eligible 3058
association or entity from all grants under the program is Two 3059
Million Dollars ($2,000,000.00). 3060
(c) Associations or entities that received funding 3061
under the first round of grant awards for this program or received 3062
funding in the Mississippi Municipality and County Water 3063
Infrastructure Grant Program Act of 2022 are ineligible to receive 3064
funding under the second round. 3065
(7) With any funds appropriated to the department for the 3066
program after April 1, 2024, the department shall distribute the 3067
funds to projects from the second round of grant awards in the 3068
order in which the applications were ranked for grants as long as 3069
the department determines that the project can obligate the funds 3070
by October 1, 2024, and expend the funds by December 31, 2026. 3071
Where the department determines that a project cannot obligate or 3072
expend the funds by the required dates, the department shall not 3073
fund the project, and it shall continue from the second round of 3074
grant awards in the order in which the applications were ranked 3075
for grants. 3076
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(8) The department shall have all powers necessary to 3077
implement and administer the program. Of the funds appropriated 3078
to the department for the program, not more than five percent (5%) 3079
may be used by the department to cover the department's costs of 3080
administering the program. 3081
(9) In carrying out its responsibilities under the program, 3082
for any contract under the purview of the Public Procurement 3083
Review Board (PPRB), the department shall be exempt from any 3084
requirement that the PPRB approve any personal or professional 3085
services contracts or pre-approve any solicitation of such 3086
contracts. This subsection shall stand repealed on July 1, 2026. 3087
(10) The department shall submit an annual report regarding 3088
the program no later than December 31 of each year to the 3089
Lieutenant Governor, the Speaker of the House, and the Chairmen of 3090
the Senate and House Appropriations Committees. 3091
(11) For the purposes of this section, "entity" means: 3092
(a) Any entity operating as a rural water association, 3093
regardless of whether such entities were user created, were 3094
initially organized not for profit, or have been granted 3095
tax-exempt status under state or federal law. 3096
(b) Any nonprofit water or sewer provider not owned by 3097
the municipality or county and are not a Rural Water Association. 3098
(c) Any entity eligible under this program shall be 3099
currently operating as a not-for-profit entity. 3100
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(d) "Entity" under this subsection does not include any 3101
state agency. No state agency shall be eligible under this 3102
program. 3103
SECTION 45. Section 41-26-23, Mississippi Code of 1972, is 3104
brought forward as follows: 3105
41-26-23. (1) There is created in the State Treasury a fund 3106
to be designated as the "Drinking Water Quality Analysis Fund." 3107
The fund shall be treated as a special trust fund. Interest 3108
earned on the principal in the fund shall be credited by the 3109
Treasurer to the fund. The fund may receive monies from any 3110
available public or private source, including fees, proceeds and 3111
grants. The department shall expend or utilize monies in the fund 3112
to pay all reasonable direct and indirect costs of water quality 3113
analysis and related activities as required by the federal Safe 3114
Drinking Water Act, as amended. Monies in the fund at the end of 3115
the fiscal year shall be retained in the fund for use in the 3116
succeeding fiscal year. Except as provided in subsection (5) of 3117
this section, if the annual fees collected exceed the cost of 3118
administering the water quality analysis program in that fiscal 3119
year, the excess shall be applied to the cost of administering the 3120
program in the succeeding fiscal year. In the succeeding fiscal 3121
year, the total to be collected from fees shall be reduced by the 3122
excess retained in the fund and the assessment rates shall be 3123
adjusted proportionately. 3124
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(2) The department annually shall assess and collect fees 3125
for water quality analysis and related activities as required by 3126
the federal Safe Drinking Water Act, as amended, which shall not 3127
exceed Three Dollars and Seventy-five Cents ($3.75) per connection 3128
or Fifty Thousand Dollars ($50,000.00) per system, whichever is 3129
less. Except as otherwise provided by law, the fee may be 3130
increased no more than one (1) time during the period from July 1, 3131
2025, through June 30, 2026, and any such increase shall be based 3132
on the most recent increase in the Producer Price Index. The 3133
department annually shall adopt by rule, in accordance with the 3134
Administrative Procedures Law and following a public hearing, a 3135
fee schedule to cover all reasonable direct and indirect costs of 3136
water quality analysis and related activities as required by the 3137
federal Safe Drinking Water Act, as amended. In adopting a fee 3138
schedule, the department shall consider the recommendations of the 3139
advisory committee created in this section, if those 3140
recommendations are made in a timely manner as provided. 3141
(3) An advisory committee is created to study the program 3142
needs and costs for the implementation of the water quality 3143
analysis program and to conduct an annual review of the needs and 3144
costs of administering that program. The annual review shall 3145
include an independent recommendation on an equitable fee schedule 3146
for the succeeding fiscal year. Each annual review report shall 3147
be due to the department by May 1. The advisory committee shall 3148
consist of one (1) member appointed by the Mississippi Rural Water 3149
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Association, one (1) member appointed by the Mississippi Municipal 3150
Association, one (1) member appointed by the Mississippi 3151
Association of Supervisors and one (1) member appointed by the 3152
Mississippi Water and Pollution Control Operators Association, 3153
Inc. 3154
(4) All suppliers of water for which water quality analysis 3155
and related activities as required by the federal Safe Drinking 3156
Water Act, as amended, are performed by the State Department of 3157
Health shall pay the water quality analysis fee within forty-five 3158
(45) days following receipt of an invoice from the department. In 3159
the discretion of the department, any supplier of water required 3160
to pay the fee shall be liable for a penalty equal to a maximum of 3161
two (2) times the amount of fees due and payable plus an amount 3162
necessary to reimburse the costs of delinquent fee collection for 3163
failure to pay the fee within ninety (90) days following the 3164
receipt of the invoice. Any person making sales to customers of 3165
water for residential, noncommercial or nonagricultural use and 3166
who recovers the fee required by this section or any portion 3167
thereof from any customer shall indicate on each statement 3168
rendered to customers that these fees are for water quality 3169
analyses required by the federal government under the Safe 3170
Drinking Water Act, as amended. 3171
(5) There is created within the Drinking Water Quality 3172
Analysis Fund an equipment capital expenditure account, 3173
hereinafter referred to as the "account." The department may 3174
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transfer any excess fees, not exceeding ten percent (10%) of the 3175
total fees assessed under this section, to the account. The 3176
balance in the account shall not exceed Five Hundred Thousand 3177
Dollars ($500,000.00). Funds in the account shall be used by the 3178
department, as appropriated by the Legislature, to defray the 3179
costs of purchasing new equipment or repairing existing equipment 3180
for the analysis of drinking water. 3181
Require timely reporting to towns, cities and water systems 3182
of any report by telephone, email and portal system. Water 3183
operators should be made aware immediately or within twenty-four 3184
(24) hours. 3185
SECTION 46. Section 41-26-101, Mississippi Code of 1972, is 3186
brought forward as follows: 3187
41-26-101. (1) Each member elected or reelected after June 3188
30, 1998, to serve on a governing board of any community public 3189
water system, except systems operated by municipalities with a 3190
population greater than ten thousand (10,000), shall attend a 3191
minimum of eight (8) hours of management training within two (2) 3192
years following the election of that board member. Any member 3193
failing to complete the management training within two (2) years 3194
after his election shall be subject to removal from the board by 3195
the remaining members. If a board member has undergone training 3196
and is reelected to the board, that board member shall not be 3197
required to attend training as provided by this subsection. 3198
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(2) The management training shall be organized by the State 3199
Department of Health, in cooperation with the Mississippi Rural 3200
Water Association and other organizations. The management 3201
training shall include information on water system management and 3202
financing, rate setting and structures, operations and 3203
maintenance, applicable laws and regulations, ethics, the duties 3204
and responsibilities of a board member and other information 3205
deemed necessary by the department after consultation with the 3206
association and other organizations. The department shall develop 3207
and provide all training materials. The association and other 3208
training organizations may charge a fee in the amount of 3209
Seventy-five Dollars ($75.00) per member plus the cost of the 3210
manual and materials. These costs shall be reimbursed to the 3211
board member as an expense of the community public water system. 3212
(3) Two (2) officers of each board shall also obtain an 3213
additional four (4) hours of updated and advanced training within 3214
a four-year period. The term "officers" shall include the legally 3215
responsible official of the community public water system and the 3216
mayor, mayor pro tem, the president, and the vice president of the 3217
board. If one (1) of the officers is not able to attend the 3218
training, then he may appoint someone from among the existing 3219
board to attend in his place; however, the board member attending 3220
this training must have first completed the eight (8) hours of 3221
management training. This training will be held at a time and 3222
place that will accommodate those members who have other 3223
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responsibilities. The training shall consist of, but not be 3224
limited to, updated regulatory rules and regulations, an in depth 3225
look at the Mississippi Nonprofit Corporation Act as well as any 3226
updated information that would aid them in making decisions for 3227
their utility system. The association and other training 3228
organizations may charge a fee in the amount of Twenty-five 3229
Dollars ($25.00) per member plus the cost of the material needed 3230
for the training. These costs shall also be reimbursed to the 3231
board member as an expense of the community water system. 3232
(4) To avoid board members having to interfere with their 3233
jobs or employment, management training sessions may be divided 3234
into segments and, to the greatest extent possible, shall be 3235
scheduled for evening sessions. The department shall conduct 3236
management training on a regional basis and shall use community 3237
college or other public facilities for the convenience of board 3238
members. 3239
(5) The department may make exceptions to and grant 3240
exemptions and variances to the requirements of this section for 3241
good cause shown. 3242
SECTION 47. Section 77-13-29, Mississippi Code of 1972, is 3243
brought forward as follows: 3244
77-13-29. (1) There is created an Underground Facilities 3245
Damage Prevention Board for the purpose of enforcing this chapter. 3246
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(2) It is the intent of the Legislature that the board and 3247
its enforcement activities not be funded by appropriations from 3248
the state budget. 3249
(3) The Pipeline Safety Division will provide 3250
administrative, investigative and legal support for the board as 3251
deemed necessary and approved by the board. The Pipeline Safety 3252
Division shall charge to the board the expenses associated with 3253
the administration, investigative and legal duties requested by 3254
the board. 3255
(4) The board shall be composed of sixteen (16) members and 3256
all board appointments shall be made on or before July 31, 2016, 3257
as follows: 3258
(a) The President of Mississippi 811, Inc., or his 3259
designee; 3260
(b) One (1) representative of the telecommunications 3261
industry, appointed by the Governor; 3262
(c) One (1) representative of the excavation, utility 3263
and/or site construction industry, appointed by the Lieutenant 3264
Governor; 3265
(d) One (1) representative of the electric power 3266
industry investor-owned utilities, appointed by the Governor; 3267
(e) One (1) representative of the Electric Power 3268
Associations of Mississippi, appointed by the Lieutenant Governor; 3269
(f) The Executive Director of the Mississippi 3270
Department of Transportation, or his designee; 3271
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(g) One (1) representative of the cable industry 3272
appointed by the Governor; 3273
(h) One (1) representative of the Pipeline Safety 3274
Division, serving as an ex officio, nonvoting member; 3275
(i) One (1) representative of the natural gas or liquid 3276
transmission industry, appointed by the Lieutenant Governor; 3277
(j) One (1) representative of the natural gas or liquid 3278
distribution industry, appointed by the Lieutenant Governor; 3279
(k) The Executive Director of the Mississippi 3280
Association of Professional Surveyors, Inc., or his designee; 3281
(l) The Executive Director of the Mississippi 3282
Association of Supervisors, or his designee; 3283
(m) The Executive Director of the Mississippi Municipal 3284
League, or his designee; 3285
(n) The Executive Director of the Mississippi 3286
Homebuilders Association, or his designee; 3287
(o) The Chief Executive Officer of the Mississippi 3288
Rural Water Association, or his designee; and 3289
(p) The Executive Director of the American Council of 3290
Engineering Companies of Mississippi, or his designee. 3291
(5) The initial term of the appointed members provided in 3292
paragraphs (b) and (c) of subsection (4) shall end December 31, 3293
2017; the initial term of the appointed members provided in 3294
paragraphs (d) and (e) of subsection (4) shall end December 31, 3295
2019; and the initial term of the representatives provided in 3296
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paragraphs (g), (i) and (j) of subsection (4) shall end December 3297
31, 2021. After the expiration of the initial terms, all 3298
appointed members shall serve a term of five (5) years. 3299
(6) The Governor shall appoint the initial chairman of the 3300
board, and the initial board shall elect other officers as the 3301
board deems necessary. The board shall meet and elect a chairman 3302
and other officers every two (2) years thereafter. The staff of 3303
Mississippi 811, Inc., shall serve as staff support for the board. 3304
(7) The board shall meet no less than three (3) times each 3305
year, with a date and time to be set by its chairman upon at least 3306
five (5) business days' notice provided by United States mail, 3307
electronic mail or personal delivery to every board member. 3308
(8) Eight (8) members of the board shall constitute a quorum 3309
and a majority vote of those present and voting at any meeting 3310
shall be necessary to transact business. 3311
(9) The members of the board shall be immune, individually 3312
and jointly, from civil liability for any act or omission done or 3313
made in the performance of their duties while serving as members 3314
of the board, but only in the absence of willful misconduct. 3315
(10) The members of the board shall serve without 3316
compensation. 3317
(11) The board shall elect from its membership an executive 3318
committee, which shall have the exclusive authority for levying 3319
civil penalties and taking action as described in Section 3320
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77-13-27. The executive committee shall be composed of the 3321
following five (5) members of the board: 3322
(a) One (1) member appointed from subsection (4)(c) of 3323
this section; 3324
(b) One (1) member from a state agency or local 3325
government; 3326
(c) One (1) member appointed from subsection (4)(b), 3327
(d), (e), (g) or (o) of this section; 3328
(d) One (1) member appointed from subsection (4)(i) or 3329
(j) of this section; and 3330
(e) One (1) member chosen at large from the board from 3331
any paragraph of subsection (4) of this section. 3332
(12) A member serving on the executive committee shall be 3333
limited to two (2) consecutive one-year terms. No executive 3334
committee member may participate in a vote on any matter in which 3335
his employer is the alleged violator or has incurred damage to its 3336
facilities as a result of the alleged violation. 3337
(13) The board and the executive committee may hold meetings 3338
and vote by telephone, television, or other electronic means. 3339
SECTION 48. Section 41-3-15, Mississippi Code of 1972, is 3340
brought forward as follows: 3341
41-3-15. (1) (a) There shall be a State Department of 3342
Health. 3343
(b) The State Board of Health shall have the following 3344
powers and duties: 3345
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(i) To formulate the policy of the State 3346
Department of Health regarding public health matters within the 3347
jurisdiction of the department; 3348
(ii) To adopt, modify, repeal and promulgate, 3349
after due notice and hearing, and enforce rules and regulations 3350
implementing or effectuating the powers and duties of the 3351
department under any and all statutes within the department's 3352
jurisdiction, and as the board may deem necessary; 3353
(iii) To apply for, receive, accept and expend any 3354
federal or state funds or contributions, gifts, trusts, devises, 3355
bequests, grants, endowments or funds from any other source or 3356
transfers of property of any kind; 3357
(iv) To enter into, and to authorize the executive 3358
officer to execute contracts, grants and cooperative agreements 3359
with any federal or state agency or subdivision thereof, or any 3360
public or private institution located inside or outside the State 3361
of Mississippi, or any person, corporation or association in 3362
connection with carrying out the provisions of this chapter, if it 3363
finds those actions to be in the public interest and the contracts 3364
or agreements do not have a financial cost that exceeds the 3365
amounts appropriated for those purposes by the Legislature; 3366
(v) To appoint, upon recommendation of the 3367
Executive Officer of the State Department of Health, a Director of 3368
Internal Audit who shall be either a Certified Public Accountant 3369
or Certified Internal Auditor, and whose employment shall be 3370
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continued at the discretion of the board, and who shall report 3371
directly to the board, or its designee; and 3372
(vi) To discharge such other duties, 3373
responsibilities and powers as are necessary to implement the 3374
provisions of this chapter. 3375
(c) The Executive Officer of the State Department of 3376
Health shall have the following powers and duties: 3377
(i) To administer the policies of the State Board 3378
of Health within the authority granted by the board; 3379
(ii) To supervise and direct all administrative 3380
and technical activities of the department, except that the 3381
department's internal auditor shall be subject to the sole 3382
supervision and direction of the board; 3383
(iii) To organize the administrative units of the 3384
department in accordance with the plan adopted by the board and, 3385
with board approval, alter the organizational plan and reassign 3386
responsibilities as he or she may deem necessary to carry out the 3387
policies of the board; 3388
(iv) To coordinate the activities of the various 3389
offices of the department; 3390
(v) To employ, subject to regulations of the State 3391
Personnel Board, qualified professional personnel in the subject 3392
matter or fields of each office, and such other technical and 3393
clerical staff as may be required for the operation of the 3394
department. The executive officer shall be the appointing 3395
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authority for the department, and shall have the power to delegate 3396
the authority to appoint or dismiss employees to appropriate 3397
subordinates, subject to the rules and regulations of the State 3398
Personnel Board; 3399
(vi) To recommend to the board such studies and 3400
investigations as he or she may deem appropriate, and to carry out 3401
the approved recommendations in conjunction with the various 3402
offices; 3403
(vii) To prepare and deliver to the Legislature 3404
and the Governor on or before January 1 of each year, and at such 3405
other times as may be required by the Legislature or Governor, a 3406
full report of the work of the department and the offices thereof, 3407
including a detailed statement of expenditures of the department 3408
and any recommendations the board may have; 3409
(viii) To prepare and deliver to the Chairmen of 3410
the Public Health and Welfare/Human Services Committees of the 3411
Senate and House on or before January 1 of each year, a plan for 3412
monitoring infant mortality in Mississippi and a full report of 3413
the work of the department on reducing Mississippi's infant 3414
mortality and morbidity rates and improving the status of maternal 3415
and infant health; and 3416
(ix) To enter into contracts, grants and 3417
cooperative agreements with any federal or state agency or 3418
subdivision thereof, or any public or private institution located 3419
inside or outside the State of Mississippi, or any person, 3420
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corporation or association in connection with carrying out the 3421
provisions of this chapter, if he or she finds those actions to be 3422
in the public interest and the contracts or agreements do not have 3423
a financial cost that exceeds the amounts appropriated for those 3424
purposes by the Legislature. Each contract or agreement entered 3425
into by the executive officer shall be submitted to the board 3426
before its next meeting. 3427
(2) The State Board of Health shall have the authority to 3428
establish an Office of Rural Health within the department. The 3429
duties and responsibilities of this office shall include the 3430
following: 3431
(a) To collect and evaluate data on rural health 3432
conditions and needs; 3433
(b) To engage in policy analysis, policy development 3434
and economic impact studies with regard to rural health issues; 3435
(c) To develop and implement plans and provide 3436
technical assistance to enable community health systems to respond 3437
to various changes in their circumstances; 3438
(d) To plan and assist in professional recruitment and 3439
retention of medical professionals and assistants; and 3440
(e) To establish information clearinghouses to improve 3441
access to and sharing of rural health care information. 3442
(3) The State Board of Health shall have general supervision 3443
of the health interests of the people of the state and to exercise 3444
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the rights, powers and duties of those acts which it is authorized 3445
by law to enforce. 3446
(4) The State Board of Health shall have authority: 3447
(a) To make investigations and inquiries with respect 3448
to the causes of disease and death, and to investigate the effect 3449
of environment, including conditions of employment and other 3450
conditions that may affect health, and to make such other 3451
investigations as it may deem necessary for the preservation and 3452
improvement of health. 3453
(b) To make such sanitary investigations as it may, 3454
from time to time, deem necessary for the protection and 3455
improvement of health and to investigate nuisance questions that 3456
affect the security of life and health within the state. 3457
(c) To direct and control sanitary and quarantine 3458
measures for dealing with all diseases within the state possible 3459
to suppress same and prevent their spread. 3460
(d) To obtain, collect and preserve such information 3461
relative to mortality, morbidity, disease and health as may be 3462
useful in the discharge of its duties or may contribute to the 3463
prevention of disease or the promotion of health in this state. 3464
(e) To charge and collect reasonable fees for health 3465
services, including immunizations, inspections and related 3466
activities, and the board shall charge fees for those services; 3467
however, if it is determined that a person receiving services is 3468
unable to pay the total fee, the board shall collect any amount 3469
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that the person is able to pay. Any increase in the fees charged 3470
by the board under this paragraph shall be in accordance with the 3471
provisions of Section 41-3-65. 3472
(f) (i) To establish standards for, issue permits and 3473
exercise control over, any cafes, restaurants, food or drink 3474
stands, sandwich manufacturing establishments, and all other 3475
establishments, other than churches, church-related and private 3476
schools, and other nonprofit or charitable organizations, where 3477
food or drink is regularly prepared, handled and served for pay; 3478
and 3479
(ii) To require that a permit be obtained from the 3480
Department of Health before those persons begin operation. If any 3481
such person fails to obtain the permit required in this 3482
subparagraph (ii), the State Board of Health, after due notice and 3483
opportunity for a hearing, may impose a monetary penalty not to 3484
exceed One Thousand Dollars ($1,000.00) for each violation. 3485
However, the department is not authorized to impose a monetary 3486
penalty against any person whose gross annual prepared food sales 3487
are less than Five Thousand Dollars ($5,000.00). Money collected 3488
by the board under this subparagraph (ii) shall be deposited to 3489
the credit of the State General Fund of the State Treasury. 3490
(g) To promulgate rules and regulations and exercise 3491
control over the production and sale of milk pursuant to the 3492
provisions of Sections 75-31-41 through 75-31-49. 3493
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(h) On presentation of proper authority, to enter into 3494
and inspect any public place or building where the State Health 3495
Officer or his representative deems it necessary and proper to 3496
enter for the discovery and suppression of disease and for the 3497
enforcement of any health or sanitary laws and regulations in the 3498
state. 3499
(i) To conduct investigations, inquiries and hearings, 3500
and to issue subpoenas for the attendance of witnesses and the 3501
production of books and records at any hearing when authorized and 3502
required by statute to be conducted by the State Health Officer or 3503
the State Board of Health. 3504
(j) To promulgate rules and regulations, and to collect 3505
data and information, on (i) the delivery of services through the 3506
practice of telemedicine; and (ii) the use of electronic records 3507
for the delivery of telemedicine services. 3508
(k) To enforce and regulate domestic and imported fish 3509
as authorized under Section 69-7-601 et seq. 3510
(5) (a) The State Board of Health shall have the authority, 3511
in its discretion, to establish programs to promote the public 3512
health, to be administered by the State Department of Health. 3513
Specifically, those programs may include, but shall not be limited 3514
to, programs in the following areas: 3515
(i) Maternal and child health; 3516
(ii) Family planning; 3517
(iii) Pediatric services; 3518
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(iv) Services to crippled and disabled children; 3519
(v) Control of communicable and noncommunicable 3520
disease; 3521
(vi) Chronic disease; 3522
(vii) Accidental deaths and injuries; 3523
(viii) Child care licensure; 3524
(ix) Radiological health; 3525
(x) Dental health; 3526
(xi) Milk sanitation; 3527
(xii) Occupational safety and health; 3528
(xiii) Food, vector control and general 3529
sanitation; 3530
(xiv) Protection of drinking water; 3531
(xv) Sanitation in food handling establishments 3532
open to the public; 3533
(xvi) Registration of births and deaths and other 3534
vital events; 3535
(xvii) Such public health programs and services as 3536
may be assigned to the State Board of Health by the Legislature or 3537
by executive order; and 3538
(xviii) Regulation of domestic and imported fish 3539
for human consumption. 3540
(b) [Deleted] 3541
(c) The State Department of Health may undertake such 3542
technical programs and activities as may be required for the 3543
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support and operation of those programs, including maintaining 3544
physical, chemical, bacteriological and radiological laboratories, 3545
and may make such diagnostic tests for diseases and tests for the 3546
evaluation of health hazards as may be deemed necessary for the 3547
protection of the people of the state. 3548
(6) (a) The State Board of Health shall administer the 3549
local governments and rural water systems improvements loan 3550
program in accordance with the provisions of Section 41-3-16. 3551
(b) The State Board of Health shall have authority: 3552
(i) To enter into capitalization grant agreements 3553
with the United States Environmental Protection Agency, or any 3554
successor agency thereto; 3555
(ii) To accept capitalization grant awards made 3556
under the federal Safe Drinking Water Act, as amended; 3557
(iii) To provide annual reports and audits to the 3558
United States Environmental Protection Agency, as may be required 3559
by federal capitalization grant agreements; and 3560
(iv) To establish and collect fees to defray the 3561
reasonable costs of administering the revolving fund or emergency 3562
fund if the State Board of Health determines that those costs will 3563
exceed the limitations established in the federal Safe Drinking 3564
Water Act, as amended. The administration fees may be included in 3565
loan amounts to loan recipients for the purpose of facilitating 3566
payment to the board; however, those fees may not exceed five 3567
percent (5%) of the loan amount. 3568
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(7) [Deleted] 3569
(8) Notwithstanding any other provision to the contrary, the 3570
State Department of Health shall have the following specific 3571
powers: The State Department of Health is authorized to issue a 3572
license to an existing home health agency for the transfer of a 3573
county from that agency to another existing home health agency, 3574
and to charge a fee for reviewing and making a determination on 3575
the application for such transfer not to exceed one-half (1/2) of 3576
the authorized fee assessed for the original application for the 3577
home health agency, with the revenue to be deposited by the State 3578
Department of Health into the special fund created under Section 3579
41-7-188. 3580
(9) [Deleted] 3581
(10) Notwithstanding any other provision to the contrary, 3582
the State Department of Health shall have the following specific 3583
powers: The State Department of Health is authorized to extend 3584
and renew any certificate of need that has expired, and to charge 3585
a fee for reviewing and making a determination on the application 3586
for such action not to exceed one-half (1/2) of the authorized fee 3587
assessed for the original application for the certificate of need, 3588
with the revenue to be deposited by the State Department of Health 3589
into the special fund created under Section 41-7-188. 3590
(11) Notwithstanding any other provision to the contrary, 3591
the State Department of Health shall have the following specific 3592
powers: The State Department of Health is authorized and 3593
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empowered, to revoke, immediately, the license and require closure 3594
of any institution for the aged or infirm, including any other 3595
remedy less than closure to protect the health and safety of the 3596
residents of said institution or the health and safety of the 3597
general public. 3598
(12) Notwithstanding any other provision to the contrary, 3599
the State Department of Health shall have the following specific 3600
powers: The State Department of Health is authorized and 3601
empowered, to require the temporary detainment of individuals for 3602
disease control purposes based upon violation of any order of the 3603
State Health Officer, as provided in Section 41-23-5. For the 3604
purpose of enforcing such orders of the State Health Officer, 3605
persons employed by the department as investigators shall have 3606
general arrest powers. All law enforcement officers are 3607
authorized and directed to assist in the enforcement of such 3608
orders of the State Health Officer. 3609
(13) Additionally, the State Board of Health and the State 3610
Health Officer each are authorized and directed to study the 3611
status of health care, in its broadest sense, throughout the 3612
state. The study should include challenges such as access to 3613
care; the cost of care; indigent care; providing health care to 3614
the incarcerated; the availability of health care workers, 3615
paraprofessionals, and professionals; the effects of unhealthy 3616
lifestyle choices; the consequences of health care facilities 3617
locating in affluent and urban areas to the detriment of less 3618
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affluent areas, small towns, and rural areas; and negative trends 3619
which may cause ill effects if they continue. The study shall 3620
also include opportunities to improve health care, such as greater 3621
coordination among state agencies, local governments, and other 3622
entities which provide various types of health care; methods of 3623
increasing the health care workforce; and methods to increase the 3624
location of health care facilities in distressed areas, rural 3625
areas, and small towns. All state agencies, the Legislative 3626
Budget Office and the Joint Legislative Committee on Performance 3627
Evaluation and Expenditure Review (PEER) are directed to assist 3628
the department in developing this study. This provision does not 3629
by itself grant any additional power to the State Board of Health 3630
or the State Health Officer to require any entity to operate 3631
differently. It does, however, empower and direct them to obtain 3632
information and make recommendations, and it does require all 3633
entities to cooperate with the board and health officer as they 3634
seek information. 3635
SECTION 49. Section 45-23-15, Mississippi Code of 1972, is 3636
brought forward as follows: 3637
45-23-15. (1) This chapter shall not apply to the following 3638
boilers and pressure vessels: 3639
(a) Boilers and pressure vessels located on United 3640
States Government property and/or under federal government control 3641
and pipelines, including compressors and related facilities, which 3642
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are subject to inspection by any agency of the federal government 3643
or other agency of the State of Mississippi; 3644
(b) Pressure vessels used for transportation and 3645
storage of compressed gases when constructed in compliance with 3646
specifications of the U.S. Department of Transportation and when 3647
charged with gas, marked, maintained and when periodically 3648
requalified for use, as required by appropriate regulations of the 3649
U.S. Department of Transportation; 3650
(c) Air tanks located on vehicles operating under the 3651
rules of other state authorities and used for carrying passengers 3652
or freight; 3653
(d) Air tanks installed on the right-of-way of 3654
railroads and used directly in the operation of trains; 3655
(e) Pressure vessels that do not exceed (i) five (5) 3656
cubic feet in volume and two hundred fifty (250) psig pressure, or 3657
(ii) one and one-half (1-1/2) cubic feet in volume and six hundred 3658
(600) psig pressure, or (iii) an inside diameter of six (6) inches 3659
or less with no limitation on pressure; 3660
(f) Pressure vessels operating at a working pressure 3661
not exceeding fifteen (15) psig; 3662
(g) Vessels with a nominal water-containing capacity of 3663
one hundred twenty (120) gallons or less for containing water 3664
under pressure, including those containing also air, the 3665
compression of which serves only as a cushion; 3666
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(h) Boiler and pressure vessels constructed and 3667
operated under licenses and permits granted by the U.S. Atomic 3668
Energy Commission; 3669
(i) Boilers and pressure vessels used in connection 3670
with the production, treating, processing, storage or 3671
transportation of oil or natural gas, when located in areas which 3672
are remote from places of human habitation or public congregation. 3673
(2) The following boilers and pressure vessels shall be 3674
exempt from the requirements of Sections 45-23-31 through 3675
45-23-55: 3676
(a) Heating boilers which are located in private 3677
residences or in apartment houses of less than six (6) family 3678
units; 3679
(b) Pressure vessels containing only water under 3680
pressure for domestic supply purposes, including those containing 3681
also air, the compression of which serves only as a cushion or 3682
airlift pumping system when located in private residences or in 3683
apartment houses of less than six (6) family units, or those 3684
serving rural water systems; 3685
(c) Pressure vessels which are covered under the 3686
Liquefied Compressed Gas Equipment Inspection Law of Mississippi, 3687
being Sections 75-57-1 through 75-57-63, Mississippi Code of 1972; 3688
(d) Air receiving tanks and attached tanks used in 3689
connection with automobile filling stations that do not exceed 3690
fifteen (15) cubic feet in volume and two hundred fifty (250) psig 3691
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pressure and that are used primarily to increase air pressure in 3692
automobile tires. 3693
SECTION 50. Section 65-1-8, Mississippi Code of 1972, is 3694
brought forward as follows: 3695
65-1-8. (1) The Mississippi Transportation Commission shall 3696
have the following general powers, duties and responsibilities: 3697
(a) To coordinate and develop a comprehensive, balanced 3698
transportation policy for the State of Mississippi; 3699
(b) To promote the coordinated and efficient use of all 3700
available and future modes of transportation; 3701
(c) To make recommendations to the Legislature 3702
regarding alterations or modifications in any existing 3703
transportation policies; 3704
(d) To study means of encouraging travel and 3705
transportation of goods by the combination of motor vehicle and 3706
other modes of transportation; 3707
(e) To take such actions as are necessary and proper to 3708
discharge its duties pursuant to the provisions of Chapter 496, 3709
Laws of 1992, and any other provision of law; 3710
(f) To receive and provide for the expenditure of any 3711
funds made available to it by the Legislature, the federal 3712
government or any other source. 3713
(2) In addition to the general powers, duties and 3714
responsibilities listed in subsection (1) of this section, the 3715
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Mississippi Transportation Commission shall have the following 3716
specific powers: 3717
(a) To make rules and regulations whereby the 3718
Transportation Department shall change or relocate any and all 3719
highways herein or hereafter fixed as constituting a part of the 3720
state highway system, as may be deemed necessary or economical in 3721
the construction or maintenance thereof; to acquire by gift, 3722
purchase, condemnation or otherwise, land or other property 3723
whatsoever that may be necessary for a state highway system as 3724
herein provided, with full consideration to be given to the 3725
stimulation of local public and private investment when acquiring 3726
such property in the vicinity of Mississippi towns, cities and 3727
population centers; 3728
(b) To enforce by mandamus, or other proper legal 3729
remedies, all legal rights or rights of action of the Mississippi 3730
Transportation Commission with other public bodies, corporations 3731
or persons; 3732
(c) To make and publish rules, regulations and 3733
ordinances for the control of and the policing of the traffic on 3734
the state highways, and to prevent their abuse by any or all 3735
persons, natural or artificial, by trucks, tractors, trailers or 3736
any other heavy or destructive vehicles or machines, or by any 3737
other means whatsoever, by establishing weights of loads or of 3738
vehicles, types of tires, width of tire surfaces, length and width 3739
of vehicles, with reasonable variations to meet approximate 3740
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weather conditions, and all other proper police and protective 3741
regulations, and to provide ample means for the enforcement of 3742
same. The violation of any of the rules, regulations or 3743
ordinances so prescribed by the commission shall constitute a 3744
misdemeanor. No rule, regulation or ordinance shall be made that 3745
conflicts with any statute now in force or which may hereafter be 3746
enacted, or with any ordinance of municipalities. A monthly 3747
publication giving general information to the boards of 3748
supervisors, employees and the public may be issued under such 3749
rules and regulations as the commission may determine; 3750
(d) To give suitable numbers to highways and to change 3751
the number of any highway that shall become a part of the state 3752
highway system. However, nothing herein shall authorize the 3753
number of any highway to be changed so as to conflict with any 3754
designation thereof as a U.S. numbered highway. Where, by a 3755
specific act of the Legislature, the commission has been directed 3756
to give a certain number to a highway, the commission shall not 3757
have the authority to change such number; 3758
(e) (i) To make proper and reasonable rules, 3759
regulations, and ordinances for the placing, erection, removal or 3760
relocation of telephone, telegraph or other poles, signboards, 3761
fences, gas, water, sewerage, oil or other pipelines, and other 3762
obstructions that may, in the opinion of the commission, 3763
contribute to the hazards upon any of the state highways, or in 3764
any way interfere with the ordinary travel upon such highways, or 3765
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the construction, reconstruction or maintenance thereof, and to 3766
make reasonable rules and regulations for the proper control 3767
thereof. Any violation of such rules or regulations or 3768
noncompliance with such ordinances shall constitute a misdemeanor; 3769
(ii) Except as otherwise provided for in this 3770
paragraph, whenever the order of the commission shall require the 3771
removal of, or other changes in the location of, telephone, 3772
telegraph or other poles, signboards, gas, water, sewerage, oil or 3773
other pipelines, or other similar obstructions on the right-of-way 3774
or such other places where removal is required by law, the owners 3775
thereof shall at their own expense move or change the same to 3776
conform to the order of the commission. Any violation of such 3777
rules or regulations or noncompliance with such orders shall 3778
constitute a misdemeanor; 3779
(iii) Rural water districts, rural water systems, 3780
nonprofit water associations and municipal public water systems in 3781
municipalities with a population of ten thousand (10,000) or less, 3782
according to the latest federal decennial census, shall not be 3783
required to bear the cost and expense of removal and relocation of 3784
water and sewer lines and facilities constructed or in place in 3785
the rights-of-way of state highways. The cost and expense of such 3786
removal and relocation, including any unpaid prior to July 1, 3787
2002, shall be paid by the Department of Transportation; 3788
(iv) Municipal public sewer systems and municipal 3789
gas systems owned by municipalities with a population of ten 3790
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thousand (10,000) or less, according to the latest federal 3791
decennial census, shall not be required to bear the cost and 3792
expense of removal and relocation of lines and facilities 3793
constructed or in place in the rights-of-way of state highways. 3794
The cost and expense of such removal and relocation, including any 3795
unpaid prior to July 1, 2003, shall be paid by the Department of 3796
Transportation; 3797
(f) To regulate and abandon grade crossings on any road 3798
fixed as a part of the state highway system, and whenever the 3799
commission, in order to avoid a grade crossing with the railroad, 3800
locates or constructs said road on one side of the railroad, the 3801
commission shall have the power to abandon and close such grade 3802
crossing, and whenever an underpass or overhead bridge is 3803
substituted for a grade crossing, the commission shall have power 3804
to abandon such grade crossing and any other crossing adjacent 3805
thereto. Included in the powers herein granted shall be the power 3806
to require the railroad at grade crossings, where any road of the 3807
state highway system crosses the same, to place signal posts with 3808
lights or other warning devices at such crossings at the expense 3809
of the railroad, and to regulate and abandon underpasses or 3810
overhead bridges and, where abandoned because of the construction 3811
of a new underpass or overhead bridge, to close such old underpass 3812
or overhead bridge, or, in its discretion, to return the same to 3813
the jurisdiction of the county board of supervisors; 3814
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(g) To make proper and reasonable rules and regulations 3815
to control the cutting or opening of the road surfaces for 3816
subsurface installations; 3817
(h) To make proper and reasonable rules and regulations 3818
for the removal from the public rights-of-way of any form of 3819
obstruction, to cooperate in improving their appearance, and to 3820
prescribe minimum clearance heights for seed conveyors, pipes, 3821
passageways or other structure of private or other ownership above 3822
the highways; 3823
(i) To establish, and have the Transportation 3824
Department maintain and operate, and to cooperate with the state 3825
educational institutions in establishing, enlarging, maintaining 3826
and operating a laboratory or laboratories for testing materials 3827
and for other proper highway purposes; 3828
(j) To provide, under the direction and with the 3829
approval of the Department of Finance and Administration, suitable 3830
offices, shops and barns in the City of Jackson; 3831
(k) To establish and have enforced set-back 3832
regulations; 3833
(l) To cooperate with proper state authorities in 3834
producing limerock for highway purposes and to purchase same at 3835
cost; 3836
(m) To provide for the purchase of necessary equipment 3837
and vehicles and to provide for the repair and housing of same, to 3838
acquire by gift, purchase, condemnation or otherwise, land or 3839
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lands and buildings in fee simple, and to authorize the 3840
Transportation Department to construct, lease or otherwise provide 3841
necessary and proper permanent district offices for the 3842
construction and maintenance divisions of the department, and for 3843
the repair and housing of the equipment and vehicles of the 3844
department; however, in each Supreme Court district only two (2) 3845
permanent district offices shall be set up, but a permanent status 3846
shall not be given to any such offices until so provided by act of 3847
the Legislature and in the meantime, all shops of the department 3848
shall be retained at their present location. As many local or 3849
subdistrict offices, shops or barns may be provided as is 3850
essential and proper to economical maintenance of the state 3851
highway system; 3852
(n) To cooperate with the Department of Archives and 3853
History in having placed and maintained suitable historical 3854
markers, including those which have been approved and purchased by 3855
the State Historical Commission, along state highways, and to have 3856
constructed and maintained roadside driveways for convenience and 3857
safety in viewing them when necessary; 3858
(o) To cooperate, in its discretion, with the 3859
Mississippi Department of Wildlife, Fisheries and Parks in 3860
planning and constructing roadside parks upon the right-of-way of 3861
state highways, whether constructed, under construction, or 3862
planned; said parks to utilize where practical barrow pits used in 3863
construction of state highways for use as fishing ponds. Said 3864
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parks shall be named for abundant flora and fauna existing in the 3865
area or for the first flora or fauna found on the site; 3866
(p) Unless otherwise prohibited by law, to make such 3867
contracts and execute such instruments containing such reasonable 3868
and necessary appropriate terms, provisions and conditions as in 3869
its absolute discretion it may deem necessary, proper or 3870
advisable, for the purpose of obtaining or securing financial 3871
assistance, grants or loans from the United States of America or 3872
any department or agency thereof, including contracts with several 3873
counties of the state pertaining to the expenditure of such funds; 3874
(q) To cooperate with the Federal Highway 3875
Administration in the matter of location, construction and 3876
maintenance of the Great River Road, to expend such funds paid to 3877
the commission by the Federal Highway Administration or other 3878
federal agency, and to authorize the Transportation Department to 3879
erect suitable signs marking this highway, the cost of such signs 3880
to be paid from state highway funds other than earmarked 3881
construction funds; 3882
(r) To cooperate, in its discretion, with the 3883
Mississippi Forestry Commission and the School of Forestry, 3884
Mississippi State University, in a forestry management program, 3885
including planting, thinning, cutting and selling, upon the 3886
right-of-way of any highway, constructed, acquired or maintained 3887
by the Transportation Department, and to sell and dispose of any 3888
and all growing timber standing, lying or being on any 3889
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right-of-way acquired by the commission for highway purposes in 3890
the future; such sale or sales to be made in accordance with the 3891
sale of personal property which has become unnecessary for public 3892
use as provided for in Section 65-1-123, Mississippi Code of 1972; 3893
(s) To expend funds in cooperation with the Division of 3894
Plant Industry, Mississippi Department of Agriculture and 3895
Commerce, the United States government or any department or agency 3896
thereof, or with any department or agency of this state, to 3897
control, suppress or eradicate serious insect pests, rodents, 3898
plant parasites and plant diseases on the state highway 3899
rights-of-way; 3900
(t) To provide for the placement, erection and 3901
maintenance of motorist services business signs and supports 3902
within state highway rights-of-way in accordance with current 3903
state and federal laws and regulations governing the placement of 3904
traffic control devices on state highways, and to establish and 3905
collect reasonable fees from the businesses having information on 3906
such signs; 3907
(u) To request and to accept the use of persons 3908
convicted of an offense, whether a felony or a misdemeanor, for 3909
work on any road construction, repair or other project of the 3910
Transportation Department. The commission is also authorized to 3911
request and to accept the use of persons who have not been 3912
convicted of an offense but who are required to fulfill certain 3913
court-imposed conditions pursuant to Section 41-29-150(d)(1) or 3914
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99-15-26, Mississippi Code of 1972, or the Pretrial Intervention 3915
Act, being Sections 99-15-101 through 99-15-127, Mississippi Code 3916
of 1972. The commission is authorized to enter into any 3917
agreements with the Department of Corrections, the State Parole 3918
Board, any criminal court of this state, and any other proper 3919
official regarding the working, guarding, safekeeping, clothing 3920
and subsistence of such persons performing work for the 3921
Transportation Department. Such persons shall not be deemed 3922
agents, employees or involuntary servants of the Transportation 3923
Department while performing such work or while going to and from 3924
work or other specified areas; 3925
(v) To provide for the administration of the railroad 3926
revitalization program pursuant to Section 57-43-1 et seq.; 3927
(w) The Mississippi Transportation Commission is 3928
further authorized, in its discretion, to expend funds for the 3929
purchase of service pins for employees of the Mississippi 3930
Transportation Department; 3931
(x) To cooperate with the State Tax Commission by 3932
providing for weight enforcement field personnel to collect and 3933
assess taxes, fees and penalties and to perform all duties as 3934
required pursuant to Section 27-55-501 et seq., Sections 27-19-1 3935
et seq., 27-55-1 et seq., 27-59-1 et seq. and 27-61-1 et seq., 3936
Mississippi Code of 1972, with regard to vehicles subject to the 3937
jurisdiction of the Office of Weight Enforcement. All collections 3938
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and assessments shall be transferred daily to the State Tax 3939
Commission; 3940
(y) The Mississippi Transportation Commission may 3941
delegate the authority to enter into a supplemental agreement to a 3942
contract previously approved by the commission if the supplemental 3943
agreement involves an additional expenditure not to exceed Two 3944
Hundred Fifty Thousand Dollars ($250,000.00); 3945
(z) (i) The Mississippi Transportation Commission, in 3946
its discretion, may enter into agreements with any county, 3947
municipality, county transportation commission, business, 3948
corporation, partnership, association, individual or other legal 3949
entity, for the purpose of accelerating the completion date of 3950
scheduled highway construction projects. 3951
(ii) Such an agreement may permit the cost of a 3952
highway construction project to be advanced to the commission by a 3953
county, municipality, county transportation commission, business, 3954
corporation, partnership, association, individual or other legal 3955
entity, and repaid to such entity by the commission when highway 3956
construction funds become available; provided, however, that 3957
repayment of funds advanced to the Mississippi Transportation 3958
Commission shall be made no sooner than the commission's 3959
identified projected revenue schedule for funding of that 3960
particular construction project, and no other scheduled highway 3961
construction project established by statute or by the commission 3962
may be delayed by an advanced funding project authorized under 3963
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this paragraph (z). Repayments to a public or private entity that 3964
advances funds to the Mississippi Transportation Commission under 3965
this paragraph (z) may not include interest or other fees or 3966
charges, and the total amount repaid shall not exceed the total 3967
amount of funds advanced to the commission by the entity; however, 3968
the inclusion of public entities in this provision does not 3969
invalidate any existing agreements authorized under this paragraph 3970
(z) before April 19, 2022. The commission shall retain the 3971
ability to service, refinance or restructure any indebtedness 3972
incurred through any such existing agreements. 3973
(iii) In considering whether to enter into such an 3974
agreement, the commission shall consider the availability of 3975
financial resources, the effect of such agreement on other ongoing 3976
highway construction, the urgency of the public's need for swift 3977
completion of the project and any other relevant factors. 3978
(iv) Such an agreement shall be executed only upon 3979
a finding by the commission, spread upon its minutes, that the 3980
acceleration of the scheduled project is both feasible and 3981
beneficial. The commission shall also spread upon its minutes its 3982
findings with regard to the factors required to be considered 3983
pursuant to subparagraph (iii) of this paragraph (z); 3984
(aa) The Mississippi Transportation Commission, in its 3985
discretion, may purchase employment practices liability insurance, 3986
and may purchase an excess policy to cover catastrophic losses 3987
incurred under the commission's self-insured workers' compensation 3988
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program authorized under Section 71-3-5. Such policies shall be 3989
written by the agent or agents of a company or companies 3990
authorized to do business in the State of Mississippi. The 3991
deductibles shall be in an amount deemed reasonable and prudent by 3992
the commission, and the premiums thereon shall be paid from the 3993
State Highway Fund. Purchase of insurance under this paragraph 3994
shall not serve as an actual or implied waiver of sovereign 3995
immunity or of any protection afforded the commission under the 3996
Mississippi Tort Claims Act; 3997
(bb) The Mississippi Transportation Commission is 3998
further authorized, in its discretion, to expend funds for the 3999
purchase of promotional materials for safety purposes, highway 4000
beautification purposes and recruitment purposes; 4001
(cc) To lease antenna space on communication towers 4002
which it owns; 4003
(dd) To receive funds from the Southeastern Association 4004
of Transportation Officials and from other nonstate sources and 4005
expend those funds for educational scholarships in transportation 4006
related fields of study. The commission may adopt rules or 4007
regulations as necessary for the implementation of the program. A 4008
strict accounting shall be made of all funds deposited with the 4009
commission and all funds dispersed; 4010
(ee) To contract with any county, if the county chooses 4011
to enter such contract, to perform any maintenance on the state 4012
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highways and interstate highways in that county and any 4013
rights-of-way to such highways. 4014
SECTION 51. Section 19-31-5, Mississippi Code of 1972, is 4015
brought forward as follows: 4016
19-31-5. As used in this chapter the following terms shall 4017
have the meanings ascribed to them in this section unless the 4018
context clearly requires otherwise: 4019
(a) "Assessable improvements" means any public 4020
improvements and community facilities that the district is 4021
empowered to provide in accordance with this chapter. 4022
(b) "Assessment bonds" means special obligations of the 4023
district that are payable solely from proceeds of the special 4024
assessments levied for an assessable project. 4025
(c) "Board" or "board of directors" means the governing 4026
board of the district or, if such board has been abolished, the 4027
board, body or commission succeeding to the principal functions 4028
thereof or to whom the powers given to the board by this chapter 4029
have been given by law. 4030
(d) "Bond" includes certificate, and the provisions 4031
that are applicable to bonds are equally applicable to 4032
certificates. The term "bond" includes any assessment bond, 4033
refunding bond, revenue bond and other such obligation in the 4034
nature of a bond as is provided for in this chapter. 4035
(e) "Public improvement district" or "district" means a 4036
special district that is created pursuant to this chapter and 4037
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limited to the performance of those specialized functions 4038
authorized by this chapter, the boundaries of which are contained 4039
wholly within a single county or two (2) or more contiguous 4040
counties; the governing head of which is a body created, organized 4041
and constituted and authorized to function specifically as 4042
prescribed in this chapter for the delivery of public improvement 4043
services; and the formation powers, governing body, operation, 4044
duration accountability, requirements for disclosure and 4045
termination of which are as required by general law. 4046
(f) "Contribution agreement" means an agreement between 4047
a district and a public entity under which the public entity 4048
agrees to provide financial or credit support in the form of cash, 4049
pledge, guaranty or other enhancement, which agreement must be 4050
approved in accordance with Sections 17-13-1 through 17-13-17. 4051
(g) "Cost," when used with reference to any project, 4052
includes, but is not limited to: 4053
(i) The expenses of determining the feasibility or 4054
practicability of acquisition, construction or reconstruction. 4055
(ii) The cost of surveys, estimates, plans and 4056
specifications. 4057
(iii) The cost of improvements. 4058
(iv) Engineering, fiscal and legal expenses and 4059
charges. 4060
(v) The cost of all labor, materials, machinery 4061
and equipment. 4062
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(vi) The cost of all lands, rights, servitudes and 4063
franchises acquired. 4064
(vii) Financing charges. 4065
(viii) The creation of initial reserve and debt 4066
service funds. 4067
(ix) Working capital. 4068
(x) Interest charges incurred or estimated to be 4069
incurred on money borrowed before and during construction and 4070
acquisition and for such reasonable period of time after 4071
completion of construction or acquisition as the board may 4072
determine. 4073
(xi) The cost of issuance of bonds pursuant to 4074
this chapter, including advertisements and printing. 4075
(xii) The cost of any election held pursuant to 4076
this chapter and all other expenses of issuance of bonds. 4077
(xiii) The discount, if any, on the sale or 4078
exchange of bonds. 4079
(xiv) Administrative expenses. 4080
(xv) Such other expenses as may be necessary or 4081
incidental to the acquisition, construction or reconstruction of 4082
any project or to the financing thereof, or to the development of 4083
any lands within the district. 4084
(h) "District manager" means the manager of the 4085
district. 4086
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(i) "District roads" means highways, streets, roads, 4087
alleys, sidewalks, landscaping, storm drains, bridges and 4088
thoroughfares of all kinds and descriptions. 4089
(j) "Landowner" means the owner of land, including real 4090
property as it appears in the official records of the county, 4091
including a trustee, a private corporation or other entity, and an 4092
owner of a condominium unit. 4093
(k) "Market value" means the amount in cash, or on 4094
terms reasonably equivalent to cash, for which in all probability 4095
the property would have sold on the effective date of the 4096
appraisal, after a reasonable exposure time on the open 4097
competitive market, from a willing and reasonably knowledgeable 4098
seller to a willing and reasonably knowledgeable buyer, with 4099
neither acting under any compulsion to buy or sell, giving due 4100
consideration to all available economic uses of the property at 4101
the time of the appraisal. Market value must be determined in 4102
accordance with Section 27-35-50 and must conform to the Uniform 4103
Standards of Professional Appraisers Practice. 4104
(l) "Project" means any development, improvement, 4105
property, utility, facility, works, enterprise or service 4106
undertaken after April 1, 2002, or established under the 4107
provisions of this chapter, including, but not limited to, the 4108
following: 4109
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(i) Water management and control for the lands 4110
within the district and connection of some or any of such 4111
facilities with roads and bridges; 4112
(ii) Water supply, sewer and wastewater 4113
management, reclamation and reuse, or any combination thereof; 4114
(iii) Bridges or culverts that may be needed 4115
across any drain, ditch, canal, floodway, holding basin, 4116
excavation, public highway, tract, grade, fill or cut and roadways 4117
over levees and embankments; 4118
(iv) District roads equal to or exceeding the 4119
specifications of the county in which the district roads are 4120
located, including street lights and the location of underground 4121
utilities; 4122
(v) Parks and facilities for indoor and outdoor 4123
recreational, cultural and educational uses, and other tourism 4124
related infrastructure and facilities; 4125
(vi) Fire prevention and control, including fire 4126
stations, water mains and plugs, fire trucks, and other vehicles 4127
and equipment; 4128
(vii) Security, except that the district may not 4129
exercise any police power but may contract with the appropriate 4130
local governmental agencies for an increased level of such 4131
services within the district boundaries; 4132
(viii) Waste collection and disposal; 4133
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(ix) Acquisition, construction, repair, 4134
renovation, demolition or removal of: 4135
1. Buildings and site improvements (including 4136
fixtures); 4137
2. Potable and nonpotable water supply 4138
systems; 4139
3. Sewage and waste disposal systems; 4140
4. Storm water drainage and other drainage 4141
systems; 4142
5. Airport facilities; 4143
6. Rail lines and rail spurs; 4144
7. Port facilities; 4145
8. Highways, streets and other roadways; 4146
9. Fire suppression and prevention systems; 4147
10. Utility distribution systems, including, 4148
but not limited to, water, electricity, natural gas, telephone and 4149
other information and telecommunications facilities, whether by 4150
wire, fiber or wireless means; however, electrical, natural gas, 4151
telephone and telecommunication systems may be constructed, 4152
repaired or renovated only for the purpose of completing the 4153
project and connecting to existing utility systems. This 4154
provision may not be construed to prevent a city, county or 4155
natural gas district from supplying utility service that it is 4156
authorized to supply in the service area that it is authorized to 4157
serve; and 4158
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11. Business, industrial and technology parks 4159
and the acquisition of land and acquisition or construction of 4160
improvements to land connected with any of the preceding purposes; 4161
(x) County purposes authorized by or defined in 4162
Sections 17-5-3 and 19-9-1, except Section 19-9-1(f); and 4163
(xi) Municipal purposes authorized by or defined 4164
in Sections 17-5-3, 17-17-301 through 17-17-349, 21-27-23 and 4165
21-33-301. 4166
(m) "Public entity" means any governmental agency, 4167
county or municipality, which enters into a contribution agreement 4168
with a district in accordance with this chapter. 4169
(n) "Qualified voter" means any landowner within the 4170
district who is at least eighteen (18) years of age, or the 4171
landowner's authorized representative who is at least eighteen 4172
(18) years of age. If the landowner of a parcel consists of more 4173
than one (1) person or is a corporation, partnership, limited 4174
liability company or any association or legal entity organized to 4175
conduct business, the majority interest of the landowners of the 4176
parcel shall select one (1) person who is at least eighteen (18) 4177
years of age to serve as the "qualified voter" for the group. 4178
(o) "Revenue bonds" means obligations of the district 4179
that are payable from revenues derived from sources other than ad 4180
valorem taxes on real or personal property and that do not pledge 4181
the property, credit or general tax revenue of the district. 4182
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(p) "Sewer system" means any plant, system, facility or 4183
property, and additions, extensions and improvements thereto, 4184
useful or necessary in connection with the collection, treatment 4185
or disposal of sewage. 4186
(q) "Water management and control facilities" means any 4187
lakes, canals, ditches, reservoirs, dams, levees, floodways, 4188
pumping stations or any other works, structures or facilities for 4189
the conservation, control, development, utilization and disposal 4190
of water, and any purposes incidental thereto. 4191
(r) "Water system" means any plant system, facility or 4192
property, and additions, extensions, and improvements thereto, 4193
useful or necessary in connection with the development of sources, 4194
treatment or purification and distribution of water. 4195
SECTION 52. Section 19-31-19, Mississippi Code of 1972, is 4196
brought forward as follows: 4197
19-31-19. The district shall have, and the board, or if 4198
necessary, the governing authorities of the municipality in which 4199
the district is contained, may exercise, any or all of the special 4200
powers relating to public improvements and community facilities 4201
authorized by this chapter. The district or municipality shall 4202
have the power to finance, fund, establish, acquire, construct or 4203
reconstruct, enlarge or extend, equip, operate and maintain 4204
systems, facilities, projects and basic infrastructures that are 4205
within the district, or which benefit or serve the district, for 4206
the following: 4207
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(a) Water management and control for the lands within 4208
the district and connection of some or any of such facilities with 4209
roads and bridges; 4210
(b) Water supply, sewer and wastewater management, 4211
reclamation and reuse, or any combination thereof; 4212
(c) Bridges or culverts that may be needed across any 4213
drain, ditch, canal, floodway, holding basin, excavation, public 4214
highway, tract, grade, fill or cut and roadways over levees and 4215
embankments; 4216
(d) District roads equal to or exceeding the 4217
specifications of the county in which such district roads are 4218
located, including street lights and the location of underground 4219
utilities; 4220
(e) Parks and facilities for indoor and outdoor 4221
recreational, cultural and educational uses, and other tourism 4222
related infrastructure and facilities; 4223
(f) Fire prevention and control, including fire 4224
stations, water mains and plugs, fire trucks, and other vehicles 4225
and equipment; 4226
(g) Security, except that the district may not exercise 4227
any police power, but may contract with the appropriate local 4228
governmental agencies for an increased level of such services 4229
within the district boundaries; 4230
(h) Waste collection and disposal; 4231
(i) Systems, as defined in Section 21-27-11(b); and 4232
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(j) Projects, as defined in this chapter. 4233
SECTION 53. Section 19-31-21, Mississippi Code of 1972, is 4234
brought forward as follows: 4235
19-31-21. No public improvement district may purchase, sell, 4236
dedicate, donate or convey in any manner a water or wastewater 4237
utility that provides service to the public, or enter into a 4238
management contract for such facilities, until the board has held 4239
a public hearing on the purchase, sale, dedication, donation, 4240
conveyance or management contract and has made a determination 4241
that the purchase, sale or management contract is in the public 4242
interest. 4243
SECTION 54. Section 21-27-203, Mississippi Code of 1972, is 4244
brought forward as follows: 4245
21-27-203. For purposes of Sections 21-27-201 through 4246
21-27-221, the following terms shall have the meanings ascribed 4247
herein, unless the context shall otherwise require: 4248
(a) "Association" means the Mississippi Water and 4249
Pollution Control Operator's Association, Inc. 4250
(b) "Board" means the Mississippi State Board of 4251
Health. 4252
(c) "Commission" means the Mississippi Commission on 4253
Environmental Quality. 4254
(d) "Community water system" means a public water 4255
system serving piped water for human consumption to fifteen (15) 4256
or more individual service connections used by year-round 4257
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consumers or regularly serving twenty-five (25) or more individual 4258
consumers year-round, including, but not limited to, any 4259
collection, pretreatment, treatment, storage and/or distribution 4260
facilities or equipment used primarily as part of, or in 4261
connection with, that system, regardless of whether or not the 4262
components are under the ownership or control of the operator of 4263
the system. 4264
(e) "Commercial Class I rubbish site" means a permitted 4265
rubbish site which accepts for disposal Class I rubbish, as 4266
defined by the commission, for compensation or from more than one 4267
(1) generator. 4268
(f) "Nontransient, noncommunity water system" means a 4269
public water system that is not a community water system and that 4270
regularly serves at least twenty-five (25) of the same persons 4271
over six (6) months per year. 4272
(g) "Operator" means the person who directly supervises 4273
and is personally responsible for the daily operation and 4274
maintenance of a wastewater facility, community water system, 4275
nontransient, noncommunity water system or commercial nonhazardous 4276
solid waste management landfill. 4277
(h) "Person" means the state or any agency or 4278
institution of the state, any municipality, political subdivision, 4279
public or private corporation, individual, partnership, 4280
association or other entity, including any officer or governing or 4281
managing body of any municipality, political subdivision, or 4282
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public or private corporation, or the United States or any officer 4283
or employee of the United States. 4284
(i) "Pollution" means contamination or other alteration 4285
of the physical, chemical or biological properties of any waters 4286
of the state, including change in temperature, taste, color, 4287
turbidity or odor of the waters, or the discharge of any liquid, 4288
gaseous, solid, radioactive or other substance or heat into any 4289
waters of the state. 4290
(j) "Wastewater facilities" means pipelines or 4291
conduits, pumping stations, force mains, treatment plants, lagoons 4292
or any other structure, device, appurtenance or facility, whether 4293
operated individually or in any combination, used for collecting, 4294
treating and/or disposing of municipal or domestic wastewater, by 4295
either surface or underground methods, which is required to have a 4296
permit under Section 49-17-29. 4297
(k) "Waters of the state" means all waters within the 4298
jurisdiction of this state, including all streams, lakes, ponds, 4299
impounding reservoirs, marshes, watercourses, waterways, wells, 4300
springs, irrigation systems, drainage systems and all other bodies 4301
or accumulations of water, surface and underground, natural or 4302
artificial, situated wholly or partly within or bordering upon the 4303
state, and such coastal waters as are within the jurisdiction of 4304
the state, except lakes, ponds or other surface waters which are 4305
wholly landlocked and privately owned. 4306
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SECTION 55. Section 21-27-205, Mississippi Code of 1972, is 4307
brought forward as follows: 4308
21-27-205. (1) The board shall classify all municipal and 4309
domestic water collection, storage, treatment and/or distribution 4310
systems actually used or intended for use as community water 4311
systems or nontransient, noncommunity water systems according to 4312
size, type, character of water to be treated, number of service 4313
connections, and other physical conditions affecting the operation 4314
and maintenance of those systems, and also according to the degree 4315
of skill, knowledge, training and experience required of the 4316
operators of those systems to ensure competent, efficient 4317
operation and maintenance of such systems and protection of public 4318
health. 4319
(2) The commission shall classify all municipal and domestic 4320
wastewater facilities according to size, type, character of 4321
wastewater to be treated, and other physical conditions affecting 4322
the operation and maintenance of the facilities, and also 4323
according to the degree of skill, knowledge, training and 4324
experience required of the operators of the facilities to ensure 4325
competent, efficient operation and maintenance of the facilities 4326
and prevention of pollution of waters of the state. 4327
(3) The commission shall establish reciprocal certification 4328
arrangements with other states and private companies that 4329
establish training and certification programs for operators of 4330
commercial nonhazardous solid waste management landfills that meet 4331
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or exceed the requirements of the commercial nonhazardous solid 4332
waste management landfill operator training and certification 4333
program established by the commission. 4334
(4) The commission may establish reciprocal certification 4335
arrangements with other states and private companies that 4336
establish training and certification programs for operators of 4337
commercial Class I rubbish sites that meet or exceed the 4338
requirements of the commercial Class I rubbish site operator 4339
training and certification program established by the commission. 4340
SECTION 56. Section 21-27-207, Mississippi Code of 1972, is 4341
brought forward as follows: 4342
21-27-207. Both the board and commission may adopt, modify, 4343
repeal and promulgate, after due notice and hearing, and may make 4344
exceptions to and grant exemptions and variances from and may 4345
enforce those rules, regulations and procedures as are necessary 4346
or appropriate to effectuate the duties and responsibilities of 4347
these agencies arising under Sections 21-27-201 through 21-27-221. 4348
The rules, regulations and procedures shall include, but not be 4349
limited to, the following: criteria for classifying municipal and 4350
domestic community water systems, nontransient, noncommunity water 4351
systems and wastewater facilities; qualifications for operators of 4352
community water systems, nontransient, noncommunity water systems 4353
and wastewater facilities; certification of operators of 4354
commercial Class I rubbish sites; procedures for examining or 4355
testing applicants for operator certificates; procedures and fees 4356
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for issuing, reissuing, modifying, revoking or terminating 4357
operator certificates; and reciprocal certification of operators 4358
certified in other states having certification requirements not 4359
less stringent than those established by the board and commission. 4360
Any increase in the fees charged by the board under this section 4361
shall be in accordance with the provisions of Section 41-3-65. 4362
SECTION 57. Section 21-27-211, Mississippi Code of 1972, is 4363
brought forward as follows: 4364
21-27-211. (1) It is unlawful to operate or cause to be 4365
operated any wastewater facility or community water system covered 4366
under Sections 21-27-201 through 21-27-221 unless the operator of 4367
that facility or system holds a current certificate of competency 4368
issued by the board or commission, as provided by Sections 4369
21-27-201 through 21-27-221, in a classification corresponding to 4370
the classification of the facility or system. After July 1, 1998, 4371
it shall be unlawful to operate or cause to be operated any 4372
nontransient, noncommunity water system covered under Sections 4373
21-27-201 through 21-27-221, unless the operator of that system 4374
holds a current certificate of competency issued by the board. If 4375
an operator is lost due to illness, death, resignation, discharge 4376
or other legitimate cause, the owner or president of the governing 4377
board of the facility or system shall immediately notify either 4378
the board or commission, as the case may be. The facility or 4379
system may continue to operate without a certified operator on an 4380
interim basis for a period not to exceed one hundred eighty (180) 4381
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days, except for good cause shown upon petition to the responsible 4382
agency. The board or the commission, as the case may be, may 4383
grant, upon petition of the facility or system, an extension of 4384
the interim operating period not to exceed an additional one 4385
hundred eighty (180) days for good cause shown. 4386
(2) It is unlawful to operate or cause to be operated any 4387
commercial nonhazardous solid waste management landfill permitted 4388
under Section 49-17-29 unless the operator of that facility holds 4389
a current certificate of competency issued by the commission, as 4390
provided by Sections 21-27-201 through 21-27-221. However, in the 4391
event of the loss of an operator due to illness, death, 4392
resignation, discharge or other legitimate cause, notice shall be 4393
immediately given to the commission and the continued operation of 4394
the facility without a certified operator may proceed on an 4395
interim basis for a period not to exceed one hundred eighty (180) 4396
days, except for good cause shown upon petition to the commission. 4397
(3) After June 30, 2005, it is unlawful to operate or cause 4398
to be operated any commercial Class I rubbish site, unless the 4399
operator of that facility holds a certificate of competency issued 4400
by the commission under Sections 21-27-201 through 21-27-221. 4401
However, in the event of the loss of an operator due to illness, 4402
death, resignation, discharge or other legitimate cause, notice 4403
shall be immediately given to the commission and the continued 4404
operation of the facility without a certified operator may proceed 4405
on an interim basis for a period not to exceed one hundred eighty 4406
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(180) days, except for good cause shown upon petition to the 4407
commission. 4408
SECTION 58. Section 21-27-213, Mississippi Code of 1972, is 4409
brought forward as follows: 4410
21-27-213. (1) Notwithstanding any provision of Sections 4411
21-27-201 through 21-27-221 to the contrary, any person who is an 4412
operator of a municipal or domestic wastewater facility or 4413
community water system on July 1, 1986, may, on or before June 30, 4414
1987, apply to the board or commission for, and shall be issued, 4415
an operator's certificate without examination or proof of other 4416
qualifications, if the application is accompanied by an affidavit 4417
of the owner of the facility or system verifying the status of the 4418
applicant. Any certificate so issued shall be valid only for the 4419
particular facility being operated by the applicant, and then only 4420
so long as the facility remains in the same or a lower 4421
classification as at the time the application is filed. 4422
(2) Notwithstanding any provision of Sections 21-27-201 4423
through 21-27-221 to the contrary, any person who is an operator 4424
of a nontransient, noncommunity water system on July 1, 1997, may, 4425
before June 30, 1998, apply to the board for an operator's 4426
certificate without examination. The application shall be 4427
accompanied by an affidavit of the owner of the system verifying 4428
the status of the applicant. The board shall consider the 4429
performance history of any system operated by the applicant in 4430
determining whether to issue a certificate under this subsection. 4431
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Upon review of the performance history and the application, the 4432
board may grant or deny the issuance of a certificate under this 4433
subsection. Any certificate issued under this subsection shall be 4434
valid only for the particular facility being operated by the 4435
applicant. 4436
SECTION 59. Section 27-104-301, Mississippi Code of 1972, is 4437
brought forward as follows: 4438
27-104-301. (1) A special fund, to be designated the "2018 4439
Transportation and Infrastructure Improvements Fund," is created 4440
within the State Treasury, which shall consist of funds made 4441
available by the Legislature in any manner and funds from any 4442
other source designated for deposit into such fund. The fund 4443
shall be maintained by the State Treasurer as a separate and 4444
special fund, separate and apart from the General Fund of the 4445
state. Unexpended amounts remaining in the fund at the end of a 4446
fiscal year shall not lapse into the State General Fund, and any 4447
interest earned or investment earnings on amounts in the fund 4448
shall be deposited into such fund. 4449
(2) Monies deposited into the fund shall be disbursed, in 4450
the discretion of the Department of Finance and Administration, as 4451
follows: 4452
(a) To pay the costs incurred by the Mississippi 4453
Transportation Commission and the Mississippi Department of 4454
Transportation to widen Mississippi Highway 16 to three (3) lanes 4455
as follows: 4456
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(i) From near the Neely Town Road at the DeKalb 4457
City Limits to the point at which Old Philadelphia Road ties into 4458
Mississippi Highway 16; and 4459
(ii) Between the two (2) points at which 4460
Mississippi Highway 39 ties into Mississippi 4461
Highway 16.......................................... $2,000,000.00. 4462
(b) To assist in paying the costs associated with 4463
preconstruction, design, engineering, land acquisition, 4464
right-of-way acquisition, construction and development of the 4465
Reunion Parkway project from Bozeman Road to Parkway East in 4466
Madison County, Mississippi......................... $8,000,000.00. 4467
(c) To assist the East Metropolitan Corridor 4468
Commission, which is a commission operating as a local public 4469
agency representing the Jackson Municipal Airport Authority, the 4470
City of Brandon, Mississippi, the City of Flowood, Mississippi, 4471
and the City of Pearl, Mississippi, in paying the costs associated 4472
with land acquisition and implementation of the East Metro 4473
Corridor project in Rankin County, Mississippi, from its current 4474
terminus at the southeast corner of, and within, the 4475
Jackson-Medgar Wiley Evers International Airport, traversing 4476
easterly and southerly and terminating at Interstate 20 at 4477
Crossgates Boulevard in Brandon, Mississippi........ $8,000,000.00. 4478
(d) To assist DeSoto County, Mississippi, in paying the 4479
costs of rebuilding Holly Springs Road in DeSoto County and 4480
drainage improvements to the road................... $3,000,000.00. 4481
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(e) To assist Carroll County, Mississippi, in paying 4482
the costs of repair, renovation or replacement of two (2) closed 4483
bridges on or near County Road 57 in 4484
Carroll County...................................... $ 500,000.00. 4485
(f) To assist Lamar County, Mississippi, in paying the 4486
costs associated with necessary infrastructure improvements in 4487
Beat 5 of Lamar County and/or construction of recreational 4488
facilities in Beat 5................................ $ 500,000.00. 4489
(g) To assist Lamar County, Mississippi, in paying the 4490
costs of improvements to the intersection of Scruggs Road and 4491
Mississippi Highway 589, including, but not limited to, the 4492
relocation of portions of the road, the purchase of property 4493
related to the relocation, signage, paving, other costs related to 4494
improving the safety of the intersection and other road safety 4495
projects in Supervisors District 5 of 4496
Lamar County........................................ $1,500,000.00. 4497
(h) To assist Bolivar County, Mississippi, in paying 4498
the costs associated with preplanning and construction of a 4499
Mississippi River landing dock facility and related 4500
facilities in Bolivar County........................ $1,000,000.00. 4501
(i) To assist Rankin County, Mississippi, in paying the 4502
costs related to the extension of Gunter Road in 4503
Rankin County....................................... $2,800,000.00. 4504
(j) To assist the Pearl River Valley Water Supply 4505
District in paying the costs associated with the repair, 4506
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rehabilitation, reconstruction or replacement of seawalls at the 4507
Ross Barnett Reservoir as required by the settlement agreement in 4508
the case of Bobby L. Baker, Jr., et al. v. Pearl River Valley 4509
Water Supply District, in the Circuit Court of Rankin County, 4510
Mississippi, Civil Action No. 212-133E.............. $4,000,000.00. 4511
(k) To assist the City of Hattiesburg, Mississippi, in 4512
paying the costs associated with resurfacing and other 4513
improvements to Hardy Street in the City of Hattiesburg from its 4514
intersection with U.S. Highway 49 East to its intersection with 4515
West Pine Street in the City of Hattiesburg......... $ 400,000.00. 4516
(l) To assist the City of Hattiesburg, Mississippi, in 4517
paying the costs associated with resurfacing and other 4518
improvements to 38th Avenue in the City of 4519
Hattiesburg......................................... $ 100,000.00. 4520
(m) To assist Hinds County, Mississippi, in paying the 4521
costs of construction and development of the Byram-Clinton Parkway 4522
project in Hinds County............................. $2,000,000.00. 4523
(n) To assist the City of Senatobia, Mississippi, in 4524
paying the costs associated with the following purposes, in the 4525
following order: 4526
(i) Construction and development of roundabout 4527
projects and other improvements at the intersection of Main Street 4528
and Scott Street and adjoining or related intersections in the 4529
City of Senatobia; 4530
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(ii) Improvements at the intersection of Front 4531
Street and Main Street in the City of Senatobia; and 4532
(iii) Improvements at the intersection of Heard 4533
Street and Main Street in the City of Senatobia..... $2,300,000.00. 4534
Any such funds that are in excess of that needed to complete 4535
the projects described in this paragraph shall be used to assist 4536
the City of Senatobia in paying the costs associated with making 4537
historically relevant infrastructure improvements in the city's 4538
downtown historic district. In addition, the scope of work for 4539
any projects described in this paragraph that are located in the 4540
city's downtown historic district must be in keeping with the 4541
character of the district. 4542
(o) To assist in paying the costs associated with: 4543
(i) Constructing, developing, extending and 4544
implementing wastewater infrastructure and related facilities, 4545
systems and infrastructure within and/or near Gateway Industrial 4546
Park in Pike County, Mississippi; and 4547
(ii) Constructing access roads and related 4548
infrastructure within and/or near Gateway Industrial Park in 4549
Pike County......................................... $3,000,000.00. 4550
(p) To assist the City of Petal, Mississippi, in paying 4551
the costs associated with (i) the repair, rehabilitation, 4552
resurfacing, construction and reconstruction of Leeville Road/Main 4553
Street located in Forrest County, Mississippi, in the City of 4554
Petal from its intersection with the Evelyn Gandy Parkway 4555
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southerly to the boundary of the corporate limits of the City of 4556
Petal; and (ii) the repair, rehabilitation, resurfacing, 4557
construction and reconstruction of Smithville Road located in 4558
Forrest County, Mississippi, in the City of Petal... $ 750,000.00. 4559
(q) To assist the Town of West, Mississippi, in paying 4560
the costs associated with repairs, resurfacing and making other 4561
improvements to streets in the Town of West......... $ 500,000.00. 4562
(r) To assist Oktibbeha County, Mississippi, in paying 4563
the costs associated with the resurfacing and repaving of Longview 4564
Road in Oktibbeha County............................ $ 750,000.00. 4565
(s) To assist in paying the costs associated with the 4566
completion of the four-lane of Mississippi Highway 19 South at the 4567
south Philadelphia City boundary intersection at Holland Avenue 4568
and extending south along Mississippi Highway 19 South to the 4569
intersection of BIA Road 241 (also known as Tucker Road), 4570
including, but not be limited to, all necessary acquisition, 4571
preconstruction and construction activities......... $2,000,000.00. 4572
(t) To assist the City of Pascagoula, Mississippi, in 4573
paying the costs associated with construction and development of 4574
the East Bank Access Road project in the 4575
City of Pascagoula.................................. $2,000,000.00. 4576
(u) To assist the Pascagoula Port Authority in paying 4577
the costs associated with construction and development of the 4578
North Rail Corridor project in Jackson County, 4579
Mississippi......................................... $2,000,000.00. 4580
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(v) To assist the Town of Carrollton, Mississippi, in 4581
paying the costs associated with making improvements to Washington 4582
Street in the Town of Carrollton.................... $ 200,000.00. 4583
(w) To assist the City of Winona, Mississippi, in 4584
paying the costs associated with making improvements to Powell 4585
Street in the City of Winona........................ $ 300,000.00. 4586
(x) To assist the Town of Como, Mississippi, in paying 4587
the costs associated with repairs, resurfacing and other 4588
improvements to roads in the Town of Como........... $ 250,000.00. 4589
(y) To assist the Town of Sledge, Mississippi, in 4590
paying the costs associated with repairs, resurfacing and other 4591
improvements to roads in the Town of Sledge......... $ 250,000.00. 4592
(z) To assist the Town of Itta Bena, Mississippi, in 4593
paying the costs associated with repairs, resurfacing and other 4594
improvements to roads in the Town of Itta Bena...... $ 250,000.00. 4595
(aa) To assist the City of Grenada, Mississippi, in 4596
paying the costs associated with repairs, resurfacing and other 4597
improvements to roads in the City of Grenada........ $ 500,000.00. 4598
(bb) To assist the City of Waynesboro, Mississippi, in 4599
paying the costs associated with the Ramey Lane/Martin Luther 4600
King, Jr., Drive sewer repair and resurfacing project in the 4601
City of Waynesboro.................................. $ 500,000.00. 4602
(cc) To assist the City of Corinth, Mississippi, in 4603
paying the costs associated with repair, rehabilitation, 4604
maintenance and other improvements to roads in the 4605
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City of Corinth..................................... $ 500,000.00. 4606
(dd) To assist the City of Long Beach, Mississippi, in 4607
paying the costs associated with repairs, resurfacing and other 4608
improvements to roads in the City of Long Beach..... $1,000,000.00. 4609
(ee) To assist Wilkinson County, Mississippi, in paying 4610
the costs associated with the repair, rehabilitation, replacement, 4611
reconstruction and/or construction of bridges in Wilkinson County, 4612
including those bridges on state-designated highways that are 4613
maintained by the county............................ $1,700,000.00. 4614
(ff) To assist the City of Vicksburg, Mississippi, in 4615
paying the costs associated with: 4616
(i) Transportation infrastructure due diligence to 4617
increase multimodal river transportation options in the City of 4618
Vicksburg; and 4619
(ii) Expanded multimodal layout to provide a 4620
combination of rail, interstate, airport, and river access in and 4621
to the City of Vicksburg............................ $1,000,000.00. 4622
(gg) To assist the Town of Flora, Mississippi, in 4623
paying the costs associated with repairs, resurfacing and other 4624
improvements to roads in the Town of Flora.......... $ 300,000.00. 4625
(hh) To assist in paying the costs associated with 4626
making improvements to: 4627
(i) The intersection of Mississippi Highway 9W and 4628
Mississippi Highway 7 in Lafayette County, Mississippi; 4629
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(ii) A portion of Mississippi Highway 7 beginning 4630
at its intersection with Mississippi Highway 9W and running 4631
approximately one (1) mile south of such intersection in Lafayette 4632
County; and 4633
(iii) A portion of Mississippi Highway 7 beginning 4634
at its intersection with Mississippi Highway 9W and running 4635
northerly to the boundary of the corporate limits of the 4636
City of Oxford, Mississippi......................... $1,000,000.00. 4637
(ii) To assist in paying the costs associated with 4638
necessary repairs to Natchez Trace Lake and surrounding roads in 4639
Pontotoc County, Mississippi........................ $1,000,000.00. 4640
(jj) To assist the City of Houston, Mississippi, in 4641
paying the costs associated with repairs, resurfacing and other 4642
improvements to roads in the City of Houston........ $ 300,000.00. 4643
(kk) To assist the Town of Houlka, Mississippi, in 4644
paying the costs associated with repairs, resurfacing and other 4645
improvements to roads in the Town of Houlka......... $ 200,000.00. 4646
(ll) To assist the City of Clinton, Mississippi, in 4647
paying the costs associated with repairs, resurfacing and other 4648
improvements and upgrades to roads in the 4649
City of Clinton..................................... $1,000,000.00. 4650
(mm) To assist Tate County, Mississippi, in paying the 4651
costs associated with widening, safety improvements, leveling, 4652
mill and overlay of Country Club Road south of the Country Club 4653
Road/Shands Bottom Road four-way stop; however, any funds that are 4654
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in excess of that needed to complete such project shall be used to 4655
assist Tate County in paying the costs associated with repaving 4656
roads in Tate County................................ $1,000,000.00. 4657
(nn) To assist in paying the costs of construction and 4658
development related to the Cook Road Corridor project in Jackson 4659
County, Mississippi, and Harrison County, 4660
Mississippi......................................... $2,000,000.00. 4661
(oo) To assist the Town of Vaiden, Mississippi, in 4662
paying the costs associated with repairs, resurfacing and other 4663
improvements to streets in the Town of Vaiden....... $ 100,000.00. 4664
(pp) To assist the City of Crystal Springs, 4665
Mississippi, in paying the costs associated with repairs, 4666
resurfacing and other improvements to roads in the 4667
City of Crystal Springs............................. $ 500,000.00. 4668
(qq) To assist the City of Hernando, Mississippi, in 4669
paying the costs associated with construction and construction 4670
engineering related to the realignment of McIngvale Road 4671
in the City of Hernando............................. $1,000,000.00. 4672
(rr) To assist Attala County, Mississippi, in paying 4673
the costs associated with the following purposes: 4674
(i) Rehabilitation and paving of Attala County 4675
Road 2221 also known as Airport Road in Attala County; 4676
(ii) Base repair and asphalt overlay of the back 4677
and front parking lots of the Attala County Justice Court 4678
Building; and 4679
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(iii) Base reconstruction and resurfacing of the 4680
parking lot of the former Jack Post Manufacturing Building in 4681
Attala County....................................... $ 450,000.00. 4682
(ss) To assist the City of Kosciusko, Mississippi, in 4683
paying the costs associated with making improvements and upgrades 4684
to South Huntington Street and other streets in the 4685
City of Kosciusko, Mississippi...................... $ 750,000.00. 4686
(tt) To assist in paying the costs associated with the 4687
repair, rehabilitation, resurfacing, construction and 4688
reconstruction, including the widening of and addition of lanes to 4689
Scott Road in the City of Lucedale, Mississippi, from its 4690
intersection with Mississippi Highway 26 to its intersection with 4691
Mississippi Highway 63 in the 4692
City of Lucedale.................................... $ 350,000.00. 4693
(uu) To assist in paying the costs associated with 4694
planning, design, construction, repair, renovation, replacement, 4695
expansion of and other improvements to infrastructure at the 4696
Columbia-Marion County Airport in Marion County, 4697
Mississippi......................................... $ 250,000.00. 4698
(vv) To assist in paying the costs associated with 4699
construction and development of a bridge at the industrial 4700
park/port in Itawamba County, Mississippi........... $ 500,000.00. 4701
(ww) To assist Lincoln County, Mississippi, in paying 4702
the costs associated with repairs, resurfacing and other 4703
improvements to roads in Lincoln County............. $ 500.000.00. 4704
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(xx) To assist the City of Brookhaven, Mississippi, in 4705
paying the costs associated with repairs, resurfacing and other 4706
improvements to roads in the 4707
City of Brookhaven.................................. $ 500,000.00. 4708
(yy) To assist the City of Farmington, Mississippi, in 4709
paying the costs associated with expansion of and upgrades and 4710
improvements to the city's infrastructure........... $ 500,000.00. 4711
(zz) To assist the City of Carthage, Mississippi, in 4712
paying the costs associated with making improvements to portions 4713
of Valley Street, Williams Street, Franklin Street and McMillan 4714
Park Road in the City of Carthage................... $ 500,000.00. 4715
(aaa) To assist the Itawamba County Railroad Authority 4716
in paying a portion of the costs associated with the repair, 4717
rehabilitation, construction, reconstruction, upgrading and 4718
improvement of the existing railroad line and related facilities 4719
running from the City of Amory, Mississippi, to the City of 4720
Fulton, Mississippi, including projects necessary to ensure safety 4721
and structural integrity of the rail line, 4722
rail beds and bridges............................... $1,500,000.00. 4723
(bbb) To assist in paying costs associated with 4724
improvements at the Columbia Training School in the 4725
City of Columbia, Mississippi....................... $ 500,000.00. 4726
(ccc) To assist the City of Louisville, Mississippi, in 4727
paying the costs associated with constructing a road and other 4728
transportation infrastructure in the City of Louisville that will 4729
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provide and improve access to land owned by the city designated 4730
for an economic development project on or near the 4731
location of Winston Plywood & Veneer................ $ 500,000.00. 4732
(ddd) To assist the New Site Water Association in 4733
paying the costs associated with repairing a water tank that is 4734
located adjacent to the Piney Grove Campground in Prentiss County, 4735
Mississippi......................................... $ 250,000.00. 4736
(eee) To assist Quitman County, Mississippi, in paying 4737
the costs of construction, furnishing and equipping of a passenger 4738
train depot in Marks, Mississippi, specifically, to reimburse the 4739
Four Hundred Twenty Thousand Dollar ($420,000.00) loan from 4740
Quitman County general fund 001 to help with the construction of 4741
the Amtrak shelter in Marks, Mississippi. The amount of Eighty 4742
Thousand Dollars ($80,000.00) may be used to purchase and remodel 4743
an existing building next to the new Amtrak stop that will serve 4744
as a waiting area and provide restroom facilities for Amtrak 4745
passengers and waiters.............................. $ 500,000.00. 4746
(fff) To assist the City of Saltillo, Mississippi, in 4747
paying the costs associated with a project involving the city's 4748
wastewater system and/or repair of sinkholes 4749
in the city......................................... $ 250,000.00. 4750
(ggg) To assist Lafayette County, Mississippi, in 4751
paying the costs associated with the extension of West Oxford Loop 4752
in Lafayette County................................. $1,000,000.00. 4753
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(hhh) To assist the Tupelo Public School District in 4754
paying the costs associated with roofing Church Street Elementary 4755
School in Tupelo, Mississippi....................... $ 400,000.00. 4756
(iii) To assist the City of Baldwyn, Mississippi, in 4757
paying the costs associated with making improvements and upgrades 4758
to a portion of the city's natural gas system transmission system 4759
line and related 4760
infrastructure...................................... $1,000,000.00. 4761
(jjj) To assist Harrison County, Mississippi, in paying 4762
the costs associated with the construction, furnishing and 4763
equipping of an expansion of the Harrison County Law Enforcement 4764
Training Academy.................................... $ 800,000.00. 4765
(kkk) To assist the Town of Monticello, Mississippi, in 4766
paying the cost of necessary improvements to the U.S. Highway 84 4767
frontage road between S.R. 27 and Old Highway 27 project 4768
in the Town of Monticello........................... $ 450,000.00. 4769
(lll) To assist the Lamar County School District in 4770
paying the cost of repairs, renovations and capital improvements 4771
necessitated by the consolidation of the Lumberton County School 4772
District into the Lamar County School District...... $1,000,000.00. 4773
(mmm) To assist in paying the costs associated with 4774
repair, rehabilitation, and related construction activities for 4775
the Mississippi Center for Innovation and Technology in the 4776
City of Vicksburg................................... $2,500,000.00. 4777
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 195 (MCL\KW)

(nnn) To assist the Mississippi's Toughest Kids 4778
Foundation in paying the costs associated with: 4779
(i) Design, preplanning, construction, furnishing 4780
and equipping of buildings and related facilities at Camp Kamassa 4781
in Copiah County, Mississippi; and 4782
(ii) Design, preplanning, construction and 4783
development of infrastructure at Camp Kamassa in Copiah County, 4784
Mississippi......................................... $1,000,000.00. 4785
(ooo) To assist in paying the costs associated with 4786
construction, furnishing and equipping the Mississippi Children's 4787
Museum-Meridian in 4788
Meridian, Mississippi............................... $2,000,000.00. 4789
(ppp) To assist the Mississippi Department of 4790
Transportation in paying the costs associated with upgrades to 4791
Highway 8 starting at U.S. Highway 61 and extending 4792
to Bishop Road in Bolivar County.................... $1,000,000.00. 4793
(qqq) To assist Jasper County, Mississippi, in paying 4794
the costs associated with the paving of County Road 6 in 4795
Jasper County....................................... $ 100,000.00. 4796
(rrr) To assist Jasper County, Mississippi, in paying 4797
the costs associated with upgrades to CR 1591 leading toward the 4798
Hol-Mac facility in Bay Springs..................... $ 50,000.00. 4799
(sss) To assist Lowndes County, Mississippi, in paying 4800
the costs associated with the construction of a portion of 4801
Charleigh Ford, Jr. Drive extending from Artesia Road 4802
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 196 (MCL\KW)

to Mims Road........................................ $1,000,000.00. 4803
(ttt) To assist the Mississippi Department of 4804
Transportation in paying the cost of completing the last mile of 4805
U.S. Highway 61 in Claiborne County, Mississippi, as contemplated 4806
in the 1987 Four-Lane Highway 4807
Program............................................. $1,000,000.00. 4808
(uuu) To assist the Division of State Aid Road 4809
Construction in paying the costs associated with the completion of 4810
construction repairs on Parks Road in 4811
Drew, Mississippi................................... $ 300,000.00. 4812
(vvv) To assist the Rodney History and Preservation 4813
Society in paying the costs associated with the repair and 4814
renovation of the historic Rodney Presbyterian Church in the 4815
Rodney Center Historic District..................... $ 280,000.00. 4816
(www) To assist the Summit Community Development 4817
Foundation under a Memorandum of Understanding (MOU) with the IRS, 4818
in paying the costs associated with (i) the Water Stand Pipe 4819
lighting installation and landmark marker, and (ii) the 4820
acquisition, development and establishment of a town park in 4821
Summit, Mississippi................................. $ 150,000.00. 4822
(xxx) To assist the City of Ripley, Mississippi, in 4823
paying the costs associated with repairs, resurfacing and other 4824
improvements to roads in the City of Ripley......... $ 500,000.00. 4825
(yyy) To assist the Town of Byhalia, Mississippi, in 4826
paying the costs associated with repairs, resurfacing and other 4827
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 197 (MCL\KW)

improvements to roads in the Town of Byhalia........ $ 500,000.00. 4828
(zzz) To assist the City of Natchez, Mississippi, in 4829
providing matching funds for federal funds for emergency watershed 4830
projects in the city................................ $ 900,000.00. 4831
(aaaa) To assist the City of Greenville, Mississippi, 4832
in paying the costs associated with the construction and extension 4833
of Colorado Street from its intersection with George Abraham 4834
Boulevard southerly to VFW Road in the City of Greenville, 4835
including costs associated with land acquisition and professional 4836
services for such project........................... $1,000,000.00. 4837
(bbbb) To assist the City of New Albany, Mississippi, 4838
in paying the costs associated with repair, resurfacing, 4839
maintenance and other improvements to roads and streets and sewer 4840
repairs in the City of New Albany................... $ 500,000.00. 4841
(cccc) To assist Choctaw County, Mississippi, in paying 4842
the costs associated with repairs, resurfacing and other 4843
improvements to roads in Choctaw County............. $ 250,000.00. 4844
(dddd) To assist Webster County, Mississippi, in paying 4845
the costs associated with repairs, resurfacing and other 4846
improvements to roads in Webster County............. $ 250,000.00. 4847
(eeee) To assist the City of Batesville, Mississippi, 4848
in paying the costs associated with repairs, resurfacing and other 4849
improvements to roads in the 4850
City of Batesville.................................. $ 350,000.00. 4851
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 198 (MCL\KW)

(ffff) To assist the Town of Sardis, Mississippi, in 4852
paying the costs associated with repairs, resurfacing and other 4853
improvements to roads in the Town of Sardis......... $ 250,000.00. 4854
(gggg) To assist Newton County, Mississippi, in paying 4855
the costs associated with overlaying portions of Turkey Creek Road 4856
and Simkins Road in Newton County................... $ 225,000.00. 4857
(hhhh) To assist Hancock County, Mississippi, in paying 4858
the costs associated with repair of Crane Creek Bridge No. 32 in 4859
Hancock County...................................... $ 500,000.00. 4860
(iiii) To assist Stone County, Mississippi, in paying 4861
the costs associated with repairs, resurfacing and other 4862
improvements to roads in Stone County............... $ 150,000.00. 4863
(jjjj) To assist the City of Southaven, Mississippi, in 4864
paying the costs associated with infrastructure improvements in 4865
the Greenbrook and Carriage Hills neighborhoods in the 4866
City of Southaven................................... $ 500,000.00. 4867
(kkkk) To assist the City of Wiggins, Mississippi, in 4868
paying the costs associated with repairs, resurfacing and other 4869
improvements to Hall Road in the City of Wiggins.... $ 500,000.00. 4870
(llll) [Deleted] 4871
(mmmm) [Deleted] 4872
(nnnn) To assist the Town of North Carrollton, 4873
Mississippi, in paying the costs associated with repairs, 4874
resurfacing and other improvements to Marshall Elementary School 4875
Road in the Town of North Carrollton................ $ 100,000.00. 4876
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 199 (MCL\KW)

(oooo) To assist the Town of Kilmichael, Mississippi, 4877
in paying the costs associated with repairs, resurfacing and other 4878
improvements to Binford Street in the 4879
Town of Kilmichael.................................. $ 200,000.00. 4880
(pppp) To assist the City of Bruce, Mississippi, in 4881
paying the costs associated with the following purposes: 4882
(i) Repairs, resurfacing and other improvements to 4883
roads in the City of Bruce; and 4884
(ii) Construction of walking and bicycle trails 4885
in the municipality................................. $ 200,000.00. 4886
(qqqq) To assist Jones County, Mississippi, in paying 4887
the costs associated with repair and replacement of the 4888
Lower Myrick Road Bridge in Jones County............ $ 380,000.00. 4889
(rrrr) To assist Jones County, Mississippi, in paying 4890
the costs associated with repair and replacement of the 4891
Ellisville - Tuckers Crossing Bridge in 4892
Jones County........................................ $1,200,000.00. 4893
(ssss) To assist Clarke County, Mississippi, in paying 4894
the costs associated with repair and replacement of a bridge on 4895
County Road 360 in Clarke County.................... $ 480,000.00. 4896
(tttt) To assist Pearl River County, Mississippi, in 4897
paying the costs associated with repairs, leveling, resurfacing 4898
and other improvements to a portion of FZ Goss Road located 4899
between County Line Road and West Union Road in 4900
Pearl River County.................................. $ 525,000.00. 4901
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 200 (MCL\KW)

(uuuu) To assist the City of Meridian, Mississippi, in 4902
paying the costs associated with repairs, resurfacing and other 4903
improvements to the 22nd Avenue-Interstate 20/Interstate 59 4904
Overpass............................................ $ 565,000.00. 4905
(vvvv) To assist the City of Pass Christian, 4906
Mississippi, in paying the costs associated with repairs, 4907
resurfacing and other improvements to roads in the 4908
City of Pass Christian.............................. $ 400,000.00. 4909
(wwww) To assist the Town of Mantachie, Mississippi, in 4910
paying the costs associated with improvements to the town's water 4911
system and sewer system infrastructure.............. $ 150,000.00. 4912
(xxxx) To assist Leake County, Mississippi, in paying 4913
the costs associated with repairs, resurfacing and other 4914
improvements to Barnes Road in Leake County......... $ 300,000.00. 4915
(yyyy) To assist Holmes County, Mississippi, in paying 4916
the costs associated with repairs, resurfacing and other 4917
improvements to Emory Road beginning at its intersection with U.S. 4918
Highway 51 and running westerly to Interstate 55 in 4919
Holmes County....................................... $ 300,000.00. 4920
(zzzz) To assist the Town of Sallis, Mississippi, in 4921
paying the costs associated with repairs, resurfacing and other 4922
improvements to roads in the Town of Sallis......... $ 100,000.00. 4923
(aaaaa) To assist the Town of Ethel, Mississippi, in 4924
paying the costs associated with repairs, resurfacing and other 4925
improvements to roads in the Town of Ethel.......... $ 100,000.00. 4926
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 201 (MCL\KW)

(bbbbb) To assist the City of Senatobia, Mississippi, 4927
in paying the costs associated with repairs, reconstruction, 4928
resurfacing and other improvements to Court Street in the City of 4929
Senatobia; however, any funds that are in excess of that needed to 4930
complete such project shall be used to assist the City of 4931
Senatobia in paying the costs associated with repairs, 4932
reconstruction, resurfacing and other improvements to 4933
Ward Street in the City of Senatobia................ $ 500,000.00. 4934
(ccccc) To assist the Town of Lambert, Mississippi, in 4935
paying the costs associated with repairs, resurfacing and other 4936
improvements to roads in the Town of 4937
Lambert............................................. $ 200,000.00. 4938
(ddddd) To assist Greene County, Mississippi, in paying 4939
the costs associated with repair of a bridge on Freeman Town Road 4940
in Greene County.................................... $ 250,000.00. 4941
(eeeee) To assist the City of Jackson, Mississippi, in 4942
paying the costs associated with repair of a bridge on Hawthorne 4943
Drive between Sherwood Drive and Robin Drive in the 4944
City of Jackson...................................... $ 50,000.00. 4945
(fffff) To assist Lee County, Mississippi, in paying 4946
the costs associated with infrastructure improvements within 4947
and/or near the Hive Industrial site in Lee County................ 4948
.................................................... $ 500,000.00. 4949
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 202 (MCL\KW)

(ggggg) To assist the City of Senatobia, Mississippi, 4950
in paying the costs associated with acquisition and repair of the 4951
New Imaging Water Association and related 4952
facilities.......................................... $ 200,000.00. 4953
(hhhhh) To assist the Town of Bentonia, Mississippi, in 4954
paying costs associated with improvements to the town's 4955
sewer system........................................ $ 525,000.00. 4956
(iiiii) To assist the Itawamba County, Mississippi, in 4957
paying the costs associated with repairs, resurfacing and other 4958
improvements to roads in 4959
Itawamba County..................................... $ 250,000.00. 4960
(jjjjj) To assist the Town of New Hebron, Mississippi, 4961
in paying the costs associated with repairs, resurfacing and other 4962
improvements to roads in the Town of 4963
New Hebron........................................... $ 50,000.00. 4964
(kkkkk) To assist the Town of Blue Mountain, 4965
Mississippi, in paying the costs associated with repairs, 4966
resurfacing and other improvements to roads in the 4967
Town of Blue Mountain............................... $ 100,000.00. 4968
(lllll) To assist the Town of Walnut, Mississippi, in 4969
paying the costs associated with repairs, resurfacing and other 4970
improvements to roads in the Town of Walnut......... $ 100,000.00. 4971
(mmmmm) To assist the Town of Falkner, Mississippi, in 4972
paying the costs associated with repairs, resurfacing and other 4973
improvements to roads in the Town of 4974
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 203 (MCL\KW)

Falkner............................................. $ 100,000.00. 4975
(nnnnn) To assist the City of Olive Branch, 4976
Mississippi, in paying the costs of infrastructure improvements 4977
and upgrades as necessary, including, but not limited to, repairs, 4978
resurfacing and other improvements to roads; repair and renovation 4979
of bridges; repairs and improvements to water and wastewater 4980
systems; and dam repairs............................ $1,000,000.00. 4981
(ooooo) To assist the CREATE Foundation in paying the 4982
costs associated with repairs, renovations and upgrades at the 4983
First Christian Church in Amory, Mississippi........ $ 200,000.00. 4984
(ppppp) To assist the Tougaloo College Research 4985
Development Foundation, Inc., in paying the costs associated with 4986
completion of restoration, repair, renovation and upgrades to the 4987
interior of the historic Tougaloo College site where the 4988
Freedom Riders took refuge.......................... $1,000,000.00. 4989
(qqqqq) To assist the Town of Magnolia, Mississippi, in 4990
paying the costs associated with repair, renovation and upgrades 4991
of the town's police and fire station............... $ 500,000.00. 4992
(rrrrr) To assist the City of Guntown, Mississippi, in 4993
paying the costs associated with the repair, replacement, 4994
renovation, demolition, construction and/or making any other 4995
improvements to the municipal structures on or near Main Street in 4996
the City of Guntown................................. $ 350,000.00. 4997
(sssss) To assist the City of Baldwyn in paying the 4998
costs associated with repair, resurfacing and other improvements 4999
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 204 (MCL\KW)

to Third Street and sewer repairs on Third Street; however, any 5000
funds that are in excess of that needed to complete such project 5001
shall be used to assist the City of Baldwyn in paying the costs 5002
associated with repairs, reconstruction, resurfacing and other 5003
improvements to streets in the City of Baldwyn...... $ 213,000.00. 5004
(ttttt) To assist Smith County, Mississippi, in paying 5005
the costs associated with repairs, resurfacing and other 5006
improvements to roads in Smith County............... $ 450,000.00. 5007
(uuuuu) To assist the Town of Wesson, Mississippi, in 5008
paying the costs associated with repairs, resurfacing and other 5009
improvements to roads in the Town of Wesson......... $ 100,000.00. 5010
(vvvvv) To assist the Town of Georgetown, Mississippi, 5011
in paying the costs associated with repairs, resurfacing and other 5012
improvements to roads in the Town of 5013
Georgetown.......................................... $ 100,000.00. 5014
(wwwww) To assist the City of Ocean Springs, 5015
Mississippi, in paying the costs associated with improvements to 5016
the city's water system and sewer system 5017
infrastructure...................................... $ 500,000.00. 5018
(xxxxx) To assist the City of Gautier, Mississippi, in 5019
paying the costs associated with infrastructure improvements at 5020
Town Green in the City of Gautier................... $ 500,000.00. 5021
SECTION 60. Section 27-104-371, Mississippi Code of 1972, is 5022
brought forward as follows: 5023
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 205 (MCL\KW)

27-104-371. (1) A special fund, to be designated as the 5024
"2022 Local Improvements Projects Fund," is created within the 5025
State Treasury. The fund shall be maintained by the State 5026
Treasurer as a separate and special fund, separate and apart from 5027
the General Fund of the state. Unexpended amounts remaining in 5028
the fund at the end of a fiscal year shall not lapse into the 5029
State General Fund, and any interest earned or investment earnings 5030
on amounts in the fund shall be deposited into such fund. 5031
(2) Monies deposited into the fund shall be disbursed by the 5032
Department of Finance and Administration as follows: 5033
(a) To the Department of Archives and History for the 5034
purpose of providing a grant to the Scott Ford House, Inc., to 5035
develop the property located at 136 East Cohea Street in the City 5036
of Jackson, the home of the former slave Mary Scott Green, to tell 5037
her story and that of other Mississippi midwives, and to develop 5038
the property located at 138 East Cohea Street in the City of 5039
Jackson as a house museum to tell the family story of the midwife 5040
Virginia Scott Ford................................. $ 200,000.00 5041
(b) To assist in paying costs associated with repair, 5042
renovation, furnishing and equipping of and upgrades and 5043
improvements to the Jackson Public School District's Career 5044
Development Center in Jackson, Mississippi.......... $ 300,000.00 5045
(c) To assist the Centreville Chamber of Commerce in 5046
paying costs associated with construction, furnishing and 5047
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 206 (MCL\KW)

equipping of a recreation center and related facilities in the 5048
Town of Centreville, Mississippi.................... $ 500,000.00 5049
(d) To assist the Richards Community Center, Inc., in 5050
paying costs associated with recreational equipment and lights for 5051
the Richards Community Center....................... $ 150,000.00 5052
(e) To assist in paying costs associated with repair 5053
and renovation of the National Guard Armory in the Town of 5054
Gloster, Mississippi................................ $ 250,000.00 5055
(f) To assist the City of Georgetown, Mississippi, in 5056
paying costs associated with Railroad Avenue lighting and 5057
park area........................................... $ 50,000.00 5058
(g) To assist the City of Georgetown, Mississippi, in 5059
paying costs associated with Railroad Avenue 5060
sidewalks........................................... $ 100,000.00 5061
(h) To assist the City of Brookhaven, Mississippi, in 5062
paying costs associated with geometric improvements, signalization 5063
improvements, striping/signing and drainage improvements to 5064
Brookway Boulevard beginning at Interstate 55 and continuing east 5065
to U.S. Highway 51.................................. $ 1,000,000.00 5066
(i) To assist the Town of Byhalia, Mississippi, in 5067
paying costs associated with the Old School Commons restoration 5068
and upgrades necessary to meet ADA regulations...... $ 500,000.00 5069
(j) To assist Marshall County, Mississippi, in paying 5070
costs associated with the Blackwater Road Bridge 5071
project............................................. $ 500,000.00 5072
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 207 (MCL\KW)

(k) To assist the Town of Tylertown, Mississippi, in 5073
paying costs associated with the renovation of the Civic Center 5074
and Mississippi State University Extension Service 5075
offices............................................. $ 450,000.00 5076
(l) To assist the City of Durant, Mississippi, in 5077
paying costs associated with road repairs........... $ 50,000.00 5078
(m) To assist the Town of Goodman, Mississippi, in 5079
paying costs associated with road repairs........... $ 50,000.00 5080
(n) To assist Holmes County, Mississippi, in paying 5081
costs associated with courthouse renovation......... $ 150,000.00 5082
(o) To assist the Town of Pickens, Mississippi, in 5083
paying costs associated with repair and renovation of the town 5084
police station...................................... $ 50,000.00 5085
(p) To the Board of Supervisors of Lowndes County, 5086
Mississippi, to assist the Town of Crawford, Mississippi, in 5087
paying costs associated with infrastructure 5088
needs............................................... $ 250,000.00 5089
(q) To assist the City of D'Iberville, Mississippi, in 5090
paying costs associated with the extension of 5091
Mallett Road........................................ $ 1,000,000.00 5092
(r) To assist the Town of Coldwater, Mississippi, in 5093
paying costs associated with the acquisition of a fire 5094
truck............................................... $ 350,000.00 5095
(s) To assist the Town of Tunica, Mississippi, in 5096
paying costs associated with road repairs........... $ 500,000.00 5097
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 208 (MCL\KW)

(t) To assist Tunica County, Mississippi, in paying 5098
costs associated with the extension of natural gas 5099
lines............................................... $ 150,000.00 5100
(u) To assist the City of Starkville, Mississippi, in 5101
paying costs associated with Northside Drive drainage channel 5102
improvements, mobilization, channel shaping and 5103
grading............................................. $ 250,000.00 5104
(v) To assist the City of Starkville, Mississippi, in 5105
paying costs associated with J.L. King Center infrastructure, 5106
security and lighting............................... $ 250,000.00 5107
(w) To assist the City of Jackson, Mississippi, in 5108
paying costs associated with construction of a parking lot and 5109
related facilities for the Jackson Convention 5110
Center.............................................. $ 1,000,000.00 5111
(x) To assist the City of Oxford, Mississippi, in 5112
paying costs associated with repair and renovation of a building 5113
to be used by the City of Oxford Police 5114
Department.......................................... $ 1,000,000.00 5115
(y) To assist Perry County, Mississippi, in paying 5116
costs associated with the acquisition of a fire truck............. 5117
.................................................... $ 250,000.00 5118
(z) To assist the City of Columbus, Mississippi, Fire 5119
and Rescue in paying costs associated with the acquisition of a 5120
fire engine......................................... $ 350,000.00 5121
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 209 (MCL\KW)

(aa) To assist the City of Fulton, Mississippi, in 5122
paying costs associated with the purchase of and repair and 5123
renovation of a building to house City Hall and repair and 5124
renovation of the former City Hall to house other city 5125
departments......................................... $ 1,000,000.00 5126
(bb) To assist Itawamba County, Mississippi, in paying 5127
costs associated with repair and renovation of the Itawamba County 5128
Courthouse and construction of a Justice Court...... $ 1,000,000.00 5129
(cc) To assist Jones County, Mississippi, in paying 5130
costs associated with repair, renovation, upgrades and additions 5131
to the Jones County Law Enforcement Complex......... $ 500,000.00 5132
(dd) To assist the City of Laurel, Mississippi, in 5133
paying costs associated with additions to the Veterans Museum in 5134
Laurel, Mississippi................................. $ 250,000.00 5135
(ee) To assist Arise and Shine, Inc., with providing 5136
children and youth programs and services in Copiah County, 5137
Mississippi......................................... $ 50,000.00 5138
(ff) To assist the City of Crystal Springs, 5139
Mississippi, in paying costs associated with providing lighting 5140
for Pedestrian and Bicycle Corridor Federal Aid Project 5141
No. STP-0130-00(013)LPA/107363-701000............... $ 250,000.00 5142
(gg) To assist in paying costs associated with repair 5143
and renovation of the Millsaps Heritage Center in the City of 5144
Hazlehurst, Mississippi............................. $ 300,000.00 5145
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 210 (MCL\KW)

(hh) To assist the City of Ocean Springs, Mississippi, 5146
in paying costs associated with water system, sewer system and 5147
other infrastructure improvements and development of the Fayard 5148
project beautification.............................. $ 1,500,000.00 5149
(ii) To assist the Diamondhead Fire District in paying 5150
various costs for the City Fire Department.......... $ 25,000.00 5151
(jj) To assist in paying various costs for the Fenton 5152
Fire Station in Hancock County, Mississippi......... $ 25,000.00 5153
(kk) To assist in paying various costs for the County 5154
Farm Fire Station in Harrison County, 5155
Mississippi......................................... $ 25,000.00 5156
(ll) To assist in paying various costs for the Lizan 5157
Fire Station in Harrison County, Mississippi........ $ 25,000.00 5158
(mm) To assist in paying various costs for the Saucier 5159
Fire Station in Harrison County, 5160
Mississippi......................................... $ 25,000.00 5161
(nn) To assist in paying various costs for the Success 5162
Fire Station in Harrison County, 5163
Mississippi......................................... $ 25,000.00 5164
(oo) To assist the City of Fayette, Mississippi, in 5165
paying costs associated with the construction, furnishing and 5166
equipping of a fire station for the city's fire 5167
department.......................................... $ 400,000.00 5168
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 211 (MCL\KW)

(pp) To assist the City of Baldwyn, Mississippi, in 5169
paying costs associated with the construction of a satellite fire 5170
station............................................. $ 200,000.00 5171
(qq) To assist the City of Baldwyn, Mississippi, in 5172
paying costs associated with repairs to Winddance Drive necessary 5173
for trucking company weight restrictions............ $ 100,000.00 5174
(rr) To assist the City of Tupelo, Mississippi, in 5175
paying costs associated with lighting and curb upgrades to 5176
McCullough Boulevard................................ $ 500,000.00 5177
(ss) To assist the City of Booneville, Mississippi, in 5178
paying costs associated with the repair, replacement, adjustment 5179
and relocation of sewer lines and related sewer system 5180
infrastructure underneath and near the Northeast Mississippi 5181
Community College football field and surrounding 5182
area................................................ $ 1,000,000.00 5183
(tt) To assist Madison County, Mississippi, in paying 5184
costs associated with making improvements to Bozeman Road, 5185
beginning at its intersection with Mississippi Highway 463 and 5186
proceeding north.................................... $ 2,500,000.00 5187
(uu) To assist the City of Madison, Mississippi, in 5188
paying costs associated with renovation of the Performing Arts 5189
Center and placement of utility lines under the 5190
center.............................................. $ 1,000,000.00 5191
(vv) To assist the Town of Bruce, Mississippi, in 5192
paying costs associated with infrastructure improvements around 5193
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 212 (MCL\KW)

and near both of the city's parks, including, but not limited to, 5194
paving town streets and parking lots, drainage improvements, water 5195
and sewer line repairs and extensions, and pavilion construction 5196
in such parks....................................... $ 400,000.00 5197
(ww) To assist the Town of Bruce, Mississippi, in 5198
paying costs associated with repair and resurfacing of "Jimmy 5199
Beckley" Industrial Park Road....................... $ 500,000.00 5200
(xx) To assist the Town of Derma, Mississippi, in 5201
paying costs associated with water well repairs..... $ 50,000.00 5202
(yy) To assist the Town of Vardaman, Mississippi, in 5203
paying costs associated with paving town streets.... $ 150,000.00 5204
(zz) To assist in paying costs associated with 5205
construction of an ambulance center for Tippah County 5206
Hospital............................................ $ 500,000.00 5207
(aaa) To assist the Town of Walnut, Mississippi, in 5208
paying costs associated with the purchase of a fire truck for the 5209
town's fire department.............................. $ 300,000.00 5210
(bbb) To assist the Town of Dumas, Mississippi, in 5211
paying costs associated with the purchase of equipment for the 5212
town's fire department.............................. $ 25,000.00 5213
(ccc) To assist in paying costs associated with 5214
creating a SkillPath 2030 Lab for the North Tippah School 5215
District............................................ $ 200,000.00 5216
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 213 (MCL\KW)

(ddd) To assist the City of Ripley, Mississippi, in 5217
paying costs associated with the purchase of equipment for the 5218
city's fire department.............................. $ 100,000.00 5219
(eee) To assist the City of Ripley, Mississippi, in 5220
paying costs associated with various infrastructure 5221
projects............................................ $ 200,000.00 5222
(fff) To assist Mississippi Hills Heritage Area 5223
Alliance in paying costs associated with alliance 5224
activities.......................................... $ 100,000.00 5225
(ggg) To assist in paying costs associated with 5226
exhibits with robotics and code training for students at the Issac 5227
Chapel Rosenwald Historical Museum and Education Center in 5228
Marshall County, Mississippi........................ $ 200,000.00 5229
On April 21, 2023, the Board of Supervisors of Marshall 5230
County shall transfer to the Issac Chapel Rosenwald Historical 5231
Museum and Education Center the remaining balance of all funds 5232
received from the Department of Finance and Administration under 5233
this paragraph (ggg). 5234
(hhh) To assist Delta Health System in paying costs 5235
associated with capital improvements and infrastructure 5236
improvements related to patient room compliance and women's center 5237
services............................................ $ 2,000,000.00 5238
(iii) To assist the City of Gautier, Mississippi, in 5239
paying costs associated with construction of the Mississippi 5240
Songwriters Performing Arts Center and improvements to Town 5241
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 214 (MCL\KW)

Commons Park, including, but not limited to, parking and through 5242
roads for an amphitheater........................... $ 4,000,000.00 5243
(jjj) To assist the City of Senatobia, Mississippi, in 5244
paying costs associated with repair, renovation and upgrades to 5245
Front Street Fire Station........................... $ 500,000.00 5246
(kkk) To assist the City of Gautier, Mississippi, in 5247
paying costs associated with expansion of RV sites and paving at 5248
Shepard State Park.................................. $ 1,500,000.00 5249
(lll) To assist Chickasaw County, Mississippi, in 5250
paying costs associated with the CR 42 Road project 5251
.................................................... $ 500,000.00 5252
(mmm) To assist in paying costs associated with 5253
construction of a firehouse for the Thorn Volunteer Fire 5254
Department in Chickasaw County, Mississippi......... $ 50,000.00 5255
(nnn) To assist Clay County, Mississippi, in paying 5256
costs associated with road projects in Supervisors District 2 in 5257
Clay County including overlay of Mayhew Road, Mayfield Road, 5258
Pinkerton Road, Clisby Road and Herman Shirley Road 5259
.................................................... $ 500,000.00 5260
(ooo) To assist Monroe County, Mississippi, in paying 5261
costs associated with road maintenance and repairs 5262
.................................................... $ 500,000.00 5263
(ppp) To assist the City of West Point, Mississippi, in 5264
paying costs associated with roof repair and/or replacement for 5265
Bryan Public Library................................ $ 250,000.00 5266
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 215 (MCL\KW)

(qqq) To assist in paying costs associated with the 5267
construction or purchase of a building for the Michael H. Ball 5268
Veterans of Foreign Wars Post 12191 in Carroll County, Mississippi 5269
.................................................... $ 200,000.00 5270
(rrr) To assist the Town of Duck Hill, Mississippi, in 5271
paying costs associated with resurfacing streets.... $ 200,000.00 5272
(sss) To assist the Town of Carrollton, Mississippi, in 5273
paying various costs associated with the town's water tower 5274
project............................................. $ 20,000.00 5275
(ttt) To assist in paying costs associated with various 5276
Winona-Montgomery County Consolidated School District renovation 5277
projects............................................ $ 7,000,000.00 5278
(uuu) To assist in paying costs associated with a 5279
regional communications system for the Mississippi Organ Recovery 5280
Agency.............................................. $ 200,000.00 5281
(vvv) To assist the City of Columbia, Mississippi, in 5282
paying costs associated with improvements to the city's downtown 5283
storm drainage system and related infrastructure.... $ 500,000.00 5284
(www) To assist Marion County, Mississippi, in paying 5285
costs associated with pavement maintenance for county roads 5286
.................................................... $ 500,000.00 5287
(xxx) To assist Lamar County, Mississippi, in paying 5288
costs associated with the Mental Health Diversion Center in 5289
Purvis, Mississippi................................. $ 500,000.00 5290
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 216 (MCL\KW)

(yyy) To provide for the reimbursement of prior costs 5291
associated with acquisition and repair, renovation, furnishing and 5292
equipping of a building and related facilities for the Bovina 5293
Volunteer Fire Department in Warren County, 5294
Mississippi......................................... $ 250,000.00 5295
(zzz) To assist the City of Vicksburg, Mississippi, in 5296
paying costs associated with lighting for city baseball 5297
fields.............................................. $ 250,000.00 5298
(aaaa) To assist Warren County, Mississippi, in paying 5299
costs associated with the purchase of culverts and construction 5300
and installation of sluice gates.................... $ 75,000.00 5301
(bbbb) To assist the City of Grenada, Mississippi, in 5302
paying costs associated with road resurfacing for Southwest 5303
Frontage Road....................................... $ 250,000.00 5304
(cccc) To assist Grenada County, Mississippi, in paying 5305
costs associated with construction and extension of New Industrial 5306
Park Road........................................... $ 500,000.00 5307
(dddd) To assist Grenada County, Mississippi, in paying 5308
costs associated with resurfacing of National Guard Trout 5309
Road................................................ $ 750,000.00 5310
(eeee) To assist Tallahatchie County, Mississippi, in 5311
paying costs associated with roof repair for Phillip Community 5312
Center in Tallahatchie County, Mississippi.......... $ 50,000.00 5313
(ffff) To assist the City of Petal, Mississippi, in 5314
paying costs associated with the construction of an access road 5315
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 217 (MCL\KW)

beginning at or near the intersection of Central Avenue and M. J. 5316
Harris Drive in Petal, Mississippi, and running southerly into the 5317
Robert E. Russell Sports Complex.................... $ 500,000.00 5318
(gggg) To assist the City of Iuka, Mississippi, in 5319
paying costs associated with road paving, purchase of utility 5320
vehicles for the city's police department and fire department, 5321
city park upgrades, library repair and purchase of a dump truck 5322
and two (2) police cars............................. $ 250,000.00 5323
(hhhh) To assist the City of Pontotoc, Mississippi, in 5324
paying costs associated with relocating the fire station on Main 5325
Street in the city to a less congested corner lot near the current 5326
location............................................ $ 750,000.00 5327
(iiii) To assist in paying costs associated with 5328
construction of the Agricola Multipurpose Center in George County, 5329
Mississippi......................................... $ 1,600,000.00 5330
(jjjj) To assist in paying costs associated with 5331
industrial park wastewater replacement main in George County, 5332
Mississippi......................................... $ 400,000.00 5333
(kkkk) To assist in paying costs associated with 5334
construction of a multipurpose arena in Jackson County, 5335
Mississippi......................................... $ 750,000.00 5336
(llll) To assist Jasper County, Mississippi, in paying 5337
costs associated with repairs, resurfacing and improvements to 5338
roads and bridges including, but not limited to, CR 195 5339
and CR 215.......................................... $ 650,000.00 5340
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 218 (MCL\KW)

(mmmm) To assist Smith County, Mississippi, in paying 5341
costs associated with repair and repaving of county 5342
roads............................................... $ 250,000.00 5343
(nnnn) To assist in paying costs associated with 5344
acquisition of motor vehicles for the Winston County Sheriff's 5345
Department.......................................... $ 150,000.00 5346
(oooo) To assist Kemper County, Mississippi, in paying 5347
costs associated with a gas line project from Dekalb, Mississippi, 5348
to Scooba, Mississippi.............................. $ 500,000.00 5349
(pppp) To assist in paying costs associated with the 5350
purchase of equipment for the Kemper County Volunteer Fire 5351
Department.......................................... $ 50,000.00 5352
(qqqq) To assist in paying costs associated with 5353
acquisition of motor vehicles for the Neshoba County Sheriff's 5354
Department.......................................... $ 150,000.00 5355
(rrrr) To assist the Town of Scooba, Mississippi, in 5356
paying costs associated with the renovation of town 5357
facilities.......................................... $ 75,000.00 5358
(ssss) To assist the City of Hattiesburg, Mississippi, 5359
in paying costs associated with improvements in infrastructure in 5360
the Midtown area of the city, including, but not limited to, 5361
roads, bridges, water, sewer, drainage, sidewalks, stormwater 5362
detention, land acquisition, utility relocation and 5363
lighting............................................ $ 1,750,000.00 5364
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 219 (MCL\KW)

(tttt) To assist the City of Hattiesburg, Mississippi, 5365
in paying costs associated with flood control, detention basins or 5366
other infrastructure improvements in and around Gordon's Creek 5367
.................................................... $ 250,000.00 5368
(uuuu) To assist Alcorn County, Mississippi, in paying 5369
costs associated with repair and renovation of the Alcorn County 5370
Courthouse.......................................... $ 1,000,000.00 5371
(vvvv) To assist in paying costs associated with Alcorn 5372
County School District improvements................. $ 150,000.00 5373
(wwww) To Alcorn County, Mississippi, to assist in 5374
paying Alcorn County Fire Chiefs and Firefighters Association 5375
expenses............................................ $ 100,000.00 5376
(xxxx) To assist the Jacinto Foundation, Inc., in 5377
paying costs associated with capital improvements, repairing, 5378
renovating, restoring, rehabilitating, preserving, furnishing 5379
and/or equipping the Jacinto Courthouse and related facilities in 5380
Alcorn County, Mississippi.......................... $ 100,000.00 5381
(yyyy) To assist Covington County, Mississippi, in 5382
paying costs associated with improvements to Kelly Creek Road 5383
and/or Fruitstand Road.............................. $ 200,000.00 5384
(zzzz) To assist Jefferson Davis County, Mississippi, 5385
in paying costs associated with improvements to Willie Fortenberry 5386
Road, Gum Swamp Road and/or Sumrall Road............ $ 100,000.00 5387
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 220 (MCL\KW)

(aaaaa) To assist the Town of Shubuta, Mississippi, in 5388
paying costs associated with refurbishing, repair, renovation, 5389
restoration and furnishing of the Town Hall 5390
building............................................ $ 200,000.00 5391
(bbbbb) To assist Coahoma Community College in paying 5392
costs associated with completion of the HVAC system for the 5393
Coahoma County Higher Education Center.............. $ 150,000.00 5394
(ccccc) To assist Simpson County, Mississippi, in 5395
paying costs associated with various road paving 5396
projects............................................ $ 500,000.00 5397
(ddddd) To assist the Town of D'Lo, Mississippi, in 5398
paying costs associated with paving South Maple Street, Elm 5399
Street, North Oak Street and North Maple Street..... $ 200,000.00 5400
(eeeee) To provide funds to be distributed equally 5401
among the following fire departments in Simpson County, 5402
Mississippi, and Rankin County, Mississippi, to assist in paying 5403
various department costs: Braxton Fire Department, Cato Fire 5404
Department, Harrisville Volunteer Fire Department, Magee Fire 5405
Department, Mendenhall Fire Department, Simpson County Station 7 5406
Fire Department, Old Pearl Volunteer Fire Department, Pinola Fire 5407
Department, Puckett Volunteer Fire Department and Shell Road 5408
Volunteer Fire Department........................... $ 150,000.00 5409
(fffff) To assist in paying costs associated with the 5410
purchase of playground equipment for Houston Community Park in 5411
Itawamba County..................................... $ 50,000.00 5412
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 221 (MCL\KW)

(ggggg) To assist Newton County, Mississippi, in paying 5413
costs associated with upgrades and repairs to Tanglewood 5414
Road................................................ $ 450,000.00 5415
(hhhhh) To assist Scott County, Mississippi, in paying 5416
costs associated with infrastructure improvements on Coal Bluff 5417
Road................................................ $ 350,000.00 5418
(iiiii) To assist the Town of Plantersville, 5419
Mississippi, in paying costs associated with infrastructure 5420
improvements and the purchase of equipment for the town's police 5421
department.......................................... $ 100,000.00 5422
(jjjjj) To assist Oktibbeha County, Mississippi, in 5423
paying costs associated with upgrades and improvements to Maben 5424
Sturgis Road........................................ $ 1,000,000.00 5425
(kkkkk) To assist the City of Starkville, Mississippi, 5426
in paying costs associated with the city's Main Street 5427
project............................................. $ 1,250,000.00 5428
(lllll) To assist Humphreys County, Mississippi, in 5429
paying costs associated with repairs, including asbestos removal, 5430
to the Humphreys County Courthouse.................. $ 400,000.00 5431
(mmmmm) To assist the City of New Albany, Mississippi, 5432
in paying costs associated with central business district 5433
renovations......................................... $ 250,000.00 5434
(nnnnn) To assist the CREATE Foundation in paying costs 5435
associated with storm shelter and community center renovations in 5436
the Red Hill Community in Union County, 5437
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 222 (MCL\KW)

Mississippi......................................... $ 150,000.00 5438
(ooooo) To the Board of Trustees of Southwest 5439
Mississippi Community College for the purpose of providing funds 5440
for the costs associated with the construction of a new outdoor 5441
multipurpose center on the campus of the college.... $ 500,000.00 5442
(ppppp) To Scenic Rivers Development Alliance for the 5443
purpose of making improvements at parks and facilities as follows: 5444
golf cart path repairs and course equipment upgrades at Quail 5445
Hollow Golf Course in Pike County; building repairs and equipment 5446
upgrades at Bogue Chitto Water Park in Pike County; building 5447
repairs, arena equipment and bleachers at Ethel Vance Park in Pike 5448
County; building repairs and fencing at Liberty Town Fields in 5449
Pike County; ADA sidewalk improvements and building repairs at 5450
Walkers Bridge Water Park in Walthall County; pier improvements, 5451
building improvements and road improvements at the County Outdoor 5452
Complex in Walthall County and park improvements in Franklin 5453
County.............................................. $ 1,000,000.00 5454
(qqqqq) To assist the Caledonia Natural Gas District in 5455
paying costs associated with acquisition of three (3) pickup 5456
trucks to be used as service trucks................. $ 150,000.00 5457
(rrrrr) To assist Neshoba County, Mississippi, for the 5458
reimbursement of prior costs associated with transition to the 5459
MSWIN system........................................ $ 1,000,000.00 5460
(sssss) To assist in paying costs associated with the 5461
Neshoba General Hospital Ambulance Enterprise....... $ 250,000.00 5462
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 223 (MCL\KW)

(ttttt) To assist the Briarwood Pool in Jackson, 5463
Mississippi, in paying costs associated with ADA requirements and 5464
accessibility plan.................................. $ 250,000.00 5465
(uuuuu) To assist Hinds County, Mississippi, in paying 5466
costs associated with Phase I White Oak Creek streambank erosion 5467
improvements to a portion of the creek running from at or near Old 5468
Canton Road to at or near Briarwood Drive in the City of Jackson, 5469
Mississippi......................................... $ 2,000,000.00 5470
(vvvvv) To assist the City of Tupelo, Mississippi, in 5471
paying costs associated with improvements to Endville Road 5472
.................................................... $ 500,000.00 5473
(wwwww) To provide funds to Wayne County, Mississippi, 5474
to be distributed equally among the following volunteer fire 5475
departments in Wayne County, Mississippi, to assist in paying 5476
various department costs: Battles Volunteer Fire Department, Beat 5477
Four Volunteer Fire Department, Buckatunna Volunteer Fire 5478
Department, Central Volunteer Fire Department, Clara Volunteer 5479
Fire Department, Coyt Volunteer Fire Department, Crossroads 5480
Volunteer Fire Department, Denham Volunteer Fire Department, 5481
Ecutta Volunteer Fire Department, Hiwanee Volunteer Fire 5482
Department, Matherville Volunteer Fire Department, Maynor Creek 5483
Volunteer Fire Department, Mulberry Volunteer Fire Department, 5484
Pleasant Grove Volunteer Fire Department, Progress Volunteer Fire 5485
Department, Strengthford Volunteer Fire Department and Yellow 5486
Creek Volunteer Fire Department..................... $ 340,000.00 5487
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 224 (MCL\KW)

(xxxxx) To assist the City of Waynesboro, Mississippi, 5488
in paying city fire department costs................ $ 70,000.00 5489
(yyyyy) To assist the Town of State Line, Mississippi, 5490
in paying various department costs for Stateline Volunteer Fire 5491
Department.......................................... $ 20,000.00 5492
(zzzzz) To assist in paying various department costs 5493
for Richton Volunteer Fire Department in Perry County, 5494
Mississippi......................................... $ 20,000.00 5495
(aaaaaa) To assist the Town of State Line, Mississippi, 5496
in paying costs associated with acquisition of motor vehicles for 5497
the city's police department........................ $ 50,000.00 5498
(bbbbbb) To assist the City of Picayune, Mississippi, 5499
in paying costs associated with improvements to North Frontage 5500
Road from Interstate 59 in Picayune................. $ 850,000.00 5501
(cccccc) To assist the City of Raymond, Mississippi, in 5502
paying costs associated with renovation, rehabilitation and 5503
expansion of and additions to the city's police 5504
station............................................. $ 250,000.00 5505
(dddddd) To assist Benton County, Mississippi, in 5506
paying costs associated with maintenance of roads and 5507
bridges............................................. $ 500,000.00 5508
(eeeeee) To assist the Town of Potts Camp, Mississippi, 5509
in paying costs associated with the acquisition of a fire 5510
truck............................................... $ 300,000.00 5511
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 225 (MCL\KW)

(ffffff) To assist the Town of Hickory Flat, 5512
Mississippi, in paying costs associated with the acquisition of 5513
equipment for the town's police department.......... $ 100,000.00 5514
(gggggg) To assist Union County, Mississippi, in paying 5515
costs associated with maintenance of roads in Supervisors District 5516
1 in Union County................................... $ 500,000.00 5517
(hhhhhh) To assist Union County, Mississippi, in paying 5518
costs associated with maintenance of roads in Supervisors District 5519
2 in Union County................................... $ 500,000.00 5520
(iiiiii) To provide matching funds to the City of 5521
Charleston, Mississippi, for the repair of Charleston City 5522
Hall................................................ $ 250,000.00 5523
(jjjjjj) To assist the Town of Coffeeville, 5524
Mississippi, in paying costs associated with street 5525
improvements........................................ $ 125,000.00 5526
(kkkkkk) To assist the City of Water Valley, 5527
Mississippi, in paying costs associated with renovation of the 5528
Water Valley Civic Auditorium....................... $ 225,000.00 5529
(llllll) To assist Pearl River County, Mississippi, in 5530
paying costs associated with county road maintenance 5531
.................................................... $ 500,000.00 5532
(mmmmmm) To assist the City of Morton, Mississippi, in 5533
paying costs associated with repairs, resurfacing, upgrades and 5534
improvements to streets and roads around Morton High School and 5535
surrounding areas in the City of Morton............. $ 150,000.00 5536
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 226 (MCL\KW)

(nnnnnn) To provide funds to be distributed equally 5537
among the eight (8) volunteer fire departments in Scott County, 5538
Mississippi, to assist in paying various department costs and 5539
expenses............................................ $ 200,000.00 5540
(oooooo) To assist in paying costs associated with 5541
repair and renovation of facilities at Chautauqua Park in Crystal 5542
Springs, Mississippi................................ $ 500,000.00 5543
(pppppp) To assist Quitman Community Hospital in paying 5544
costs associated with improvements and upgrades to facilities and 5545
equipment........................................... $ 500,000.00 5546
(qqqqqq) To provide funds to be distributed in the 5547
amount of $25,000.00 to fire departments in Prentiss County, 5548
Mississippi, to assist in paying equipment costs.... $ 375,000.00 5549
(rrrrrr) To assist the City of Senatobia, Mississippi, 5550
in paying costs associated with lighting and other improvements to 5551
city-owned facilities............................... $ 1,000,000.00 5552
(ssssss) To assist Tate County, Mississippi, in paying 5553
costs associated with road and infrastructure 5554
improvements........................................ $ 5,000,000.00 5555
(tttttt) To assist in paying costs associated with 5556
construction of an Agriculture Technology building at Independence 5557
High School in the Tate County School District...... $ 750,000.00 5558
(uuuuuu) To provide funds to be distributed equally 5559
among all volunteer fire departments in Clarke County, 5560
Mississippi, to assist in paying equipment costs and for 5561
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 227 (MCL\KW)

upgrades............................................ $ 150,000.00 5562
(vvvvvv) To assist in paying costs associated with 5563
acquisition of motor vehicles with upfit, lights, cages and 5564
sirens, for the Clarke County Sheriff's 5565
Department.......................................... $ 100,000.00 5566
(wwwwww) To assist Lincoln County, Mississippi, in 5567
paying costs associated with HVAC system and equipment repairs 5568
and/or replacement.................................. $ 500,000.00 5569
(xxxxxx) To assist Jackson Metropolitan Technical 5570
Center in paying costs associated with roof and building repairs 5571
for its building.................................... $ 100,000.00 5572
(yyyyyy) To assist Attala County, Mississippi, to 5573
provide funds for the acquisition of fire trucks for Carmack 5574
Volunteer Fire Department, Friendship Volunteer Fire Department, 5575
Providence Fire Department and Zama Volunteer Fire 5576
Department.......................................... $ 1,000,000.00 5577
(zzzzzz) To assist Attala County, Mississippi, in 5578
defraying expenses associated with repairs, resurfacing and other 5579
improvements to county roads and bridges............ $ 1,000,000.00 5580
(aaaaaaa) To assist Leake County, Mississippi, to 5581
provide funds for the acquisition of fire trucks, firefighting 5582
equipment and gear for volunteer fire departments in 5583
Leake County........................................ $ 2,000,000.00 5584
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 228 (MCL\KW)

(bbbbbbb) To assist Attala County, Mississippi, in 5585
paying costs associated with repair and/or replacement of the roof 5586
for the Jack Post Industrial Building............... $ 1,000,000.00 5587
(ccccccc) To assist the Town of West, Mississippi, in 5588
paying costs associated with repairs and improvements to town 5589
facilities.......................................... $ 200,000.00 5590
(ddddddd) To assist the City of Kosciusko, Mississippi, 5591
in paying costs associated with repair and maintenance of city 5592
facilities.......................................... $ 500,000.00 5593
(eeeeeee) To assist in paying costs associated with 5594
construction of a new building for American Legion Post No. 44 in 5595
Attala County, Mississippi.......................... $ 300,000.00 5596
(fffffff) To assist the City of Clinton, Mississippi, 5597
in paying costs associated with site work for and construction and 5598
development of streets, street lighting and signals, electrical 5599
and communications distribution systems and equipment, water 5600
system and sewer system infrastructure and related infrastructure 5601
within an area bound by U.S. Highway 80, Springridge Road, 5602
Interstate 20 and Clinton-Raymond Road/Madison Street in the City 5603
of Clinton.......................................... $ 8,000,000.00 5604
(ggggggg) To assist the Town of Flora, Mississippi, in 5605
paying costs associated with improvements to the town's water 5606
system and sewer system infrastructure.............. $ 1,000,000.00 5607
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 229 (MCL\KW)

(hhhhhhh) To assist Rankin County, Mississippi, in 5608
defraying expenses associated with repairs, resurfacing and other 5609
improvements to roads and bridges................... $ 8,000,000.00 5610
(iiiiiii) To assist the City of Brandon, Mississippi, 5611
in paying costs associated with infrastructure 5612
improvements........................................ $ 2,000,000.00 5613
(jjjjjjj) To assist the City of Pearl, Mississippi, in 5614
paying costs associated with construction of a bridge extending 5615
from the intersection of the extension of Ware Street and 5616
relocated St. Augustine Street to Pearson Road in the City of 5617
Pearl............................................... $ 500,000.00 5618
(kkkkkkk) To assist Harrison County, Mississippi, in 5619
paying costs associated with Sportsplex improvements in the City 5620
of Long Beach, Mississippi.......................... $ 1,500,000.00 5621
(lllllll) To assist in paying costs associated with 5622
improvements to Lumpkin Stadium for the Long Beach School 5623
District............................................ $ 100,000.00 5624
(mmmmmmm) To provide $22,222.22 to each of the 5625
following fire departments in Choctaw County, Mississippi, to 5626
assist in paying various department costs: Chester Volunteer Fire 5627
Department, Town of Ackerman Fire Department, Bywy Volunteer Fire 5628
Department, Simpson Volunteer Fire Department, Town of Weir Fire 5629
Department, Panhandle Volunteer Fire Department, Union Volunteer 5630
Fire Department and Town of French Camp Fire Department and to 5631
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 230 (MCL\KW)

provide $22,222.24 to the Reform Fire Department in Choctaw 5632
County, Mississippi, to assist in paying various department 5633
costs............................................... $ 200,000.00 5634
(nnnnnnn) To provide funds to Winston County, 5635
Mississippi, to be distributed equally among the following fire 5636
departments in Winston County, Mississippi, to assist in paying 5637
various department costs: Nanih Waiya Volunteer Fire Department, 5638
Shiloh Volunteer Fire Department, City of Louisville Fire 5639
Department, Lo Butcha Volunteer Fire Department, Town of Noxapater 5640
Volunteer Fire Department and Mars Hill Volunteer Fire 5641
Department.......................................... $ 120,000.00 5642
(ooooooo) To provide funds to be distributed equally 5643
among the following fire departments in Webster County, 5644
Mississippi, to assist in paying various department costs: Town 5645
of Mathiston Volunteer Fire Department, City of Eupora Fire 5646
Department and Tomnolen Volunteer Fire 5647
Department.......................................... $ 60,000.00 5648
(ppppppp) To assist the City of Eupora, Mississippi, in 5649
paying costs associated with street repairs, resurfacing and 5650
improvements........................................ $ 300,000.00 5651
(qqqqqqq) To assist the City of Louisville, 5652
Mississippi, in paying the costs associated with constructing a 5653
road and other transportation infrastructure in the City of 5654
Louisville that will provide and improve access to land owned by 5655
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 231 (MCL\KW)

the city designated for an economic development project on or near 5656
the location of Winston Plywood & Veneer............ $ 200,000.00 5657
(rrrrrrr) To assist the Town of French Camp, 5658
Mississippi, in paying the costs associated with sidewalk repairs, 5659
lighting and improvements for the town's Historic Downtown 5660
District and School Street.......................... $ 100,000.00 5661
(sssssss) To provide funds to Choctaw County, 5662
Mississippi, for repairs and resurfacing of roads... $ 500,000.00 5663
(ttttttt) To assist the Town of Ackerman, Mississippi, 5664
in paying costs associated with street repairs, resurfacing and 5665
improvements........................................ $ 200,000.00 5666
(uuuuuuu) To assist the Town of Mathiston, Mississippi, 5667
in paying costs associated with construction, repair, renovation, 5668
upgrades and improvements to the town's 5669
facilities.......................................... $ 100,000.00 5670
(vvvvvvv) To assist Choctaw County, Mississippi, in 5671
paying costs associated with Courthouse renovations and 5672
improvements........................................ $ 100,000.00 5673
(wwwwwww) To assist American Legion Post 82 in the Town 5674
of Ackerman, Mississippi, in paying costs associated with the Post 5675
building and Post activities........................ $ 25,000.00 5676
(xxxxxxx) To assist VFW Post 3806 in the City of 5677
Eupora, Mississippi, in paying costs associated with the Post 5678
building and Post activities........................ $ 25,000.00 5679
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 232 (MCL\KW)

(yyyyyyy) To assist VFW Post 4540 in Winston County, 5680
Mississippi, in paying costs associated with the Post building and 5681
Post activities..................................... $ 25,000.00 5682
(zzzzzzz) To assist the American Legion Post 82 in the 5683
Town of Ackerman, Mississippi, in paying costs associated with the 5684
Post building and Post activities................... $ 25,000.00 5685
(aaaaaaaa) To assist in paying the costs associated 5686
with land acquisition, site development and construction, 5687
furnishing and equipping of new buildings and facilities for, and 5688
the relocation of, the Mississippi Armed Forces Museum at Camp 5689
Shelby to property owned by the Mississippi Military Department 5690
and located near Camp Shelby in Forrest County, 5691
Mississippi......................................... $ 6,000,000.00 5692
(bbbbbbbb) To assist the City of Pascagoula, 5693
Mississippi, in paying costs associated with renovations of 5694
city offices........................................ $ 1,000,000.00 5695
(cccccccc) To assist the Town of Sardis, Mississippi, 5696
in paying costs associated with repairs, resurfacing and other 5697
improvements to roads and bridges................... $ 250,000.00 5698
(dddddddd) To assist the Town of Como, Mississippi, in 5699
paying costs associated with repairs, resurfacing and other 5700
improvements to roads and bridges................... $ 250,000.00 5701
(eeeeeeee) To assist the City of Bay Springs, 5702
Mississippi, in paying the costs associated with repairs to Payton 5703
Avenue.............................................. $ 35,000.00 5704
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 233 (MCL\KW)

(ffffffff) To assist the Town of Heidelberg, 5705
Mississippi, in paying the costs associated with repairs to Walnut 5706
Street.............................................. $ 45,000.00 5707
(gggggggg) To assist East Jasper School District in 5708
paying the costs associated with the acquisition of the Old 5709
Heidelberg Academy.................................. $ 350,000.00 5710
(hhhhhhhh) To assist the City of Hattiesburg, 5711
Mississippi, in paying the costs associated with improvements to 5712
Dabbs Street........................................ $ 250,000.00 5713
(iiiiiiii) To assist Lincoln County, Mississippi, in 5714
paying the costs associated with repairs and improvements to the 5715
county courthouse................................... $ 350,000.00 5716
(jjjjjjjj) To assist the City of Carthage, Mississippi, 5717
in paying the costs associated with the repair and renovation of 5718
the coliseum........................................ $ 600,000.00 5719
(kkkkkkkk) To assist Holmes County, Mississippi, in 5720
paying the costs associated with the paving and improvements to 5721
Salem/Courts Road................................... $ 600,300.00 5722
(llllllll) To assist Tougaloo College in paying the 5723
costs associated with the improvement, renovation and preservation 5724
of the historic Mansion building.................... $ 600,000.00 5725
(mmmmmmmm) To assist the City of Southaven, 5726
Mississippi, in paying costs associated with a traffic signal at 5727
the intersection of Airways Boulevard and 5728
Guthrie Drive....................................... $ 270,000.00 5729
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 234 (MCL\KW)

(nnnnnnnn) To assist DeSoto County, Mississippi, in 5730
paying the costs associated with a traffic signal at the 5731
intersection of Byhalia Road and Hwy 305 in Lewisburg/Olive 5732
Branch.............................................. $ 270,000.00 5733
(oooooooo) To assist Marshall County, Mississippi, in 5734
paying the costs associated with building the Chickasaw Trail 5735
Emergency Response Center........................... $ 1,000,000.00 5736
(pppppppp) To assist the Town of Terry, Mississippi, in 5737
paying the costs associated with the renovation of a community 5738
center.............................................. $ 30,000.00 5739
(qqqqqqqq) To assist the City of Byram, Mississippi, in 5740
paying the costs associated with bridge and drainage 5741
projects............................................ $ 500,000.00 5742
(rrrrrrrr) To assist the City of Jackson, Mississippi, 5743
in paying costs associated with renovations and upgrades for 5744
Thalia Mara Hall.................................... $ 2,000,000.00 5745
(ssssssss) To assist the City of Jackson, Mississippi, 5746
in paying costs associated with renovations and upgrades for the 5747
Jackson Planetarium................................. $ 2,000,000.00 5748
(tttttttt) To assist Panola County, Mississippi, in 5749
paying the costs associated with airport improvements 5750
.................................................... $ 500,000.00 5751
(uuuuuuuu) To assist the Town of Sardis, Mississippi, 5752
in paying costs associated with the Sardis Lake Development 5753
project............................................. $ 1,700,000.00 5754
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 235 (MCL\KW)

(vvvvvvvv) To assist the Town of Noxapater, 5755
Mississippi, in paying the costs associated with paving, repairs 5756
and improvements to city streets.................... $ 250,000.00 5757
(wwwwwwww) To assist the Town of Walnut Grove, 5758
Mississippi, in paying the costs associated with the purchase of a 5759
new fire truck...................................... $ 250,000.00 5760
(xxxxxxxx) To assist the Lee County 4th District 5761
Community Development Group, a nonprofit corporation, in paying 5762
the costs associated with the construction/improvement to its 5763
community center.................................... $ 300,000.00 5764
(yyyyyyyy) To assist the Windows of Amory, a nonprofit 5765
corporation, for expenses related to improvements and operations 5766
of the former First Christian Church, known as 5767
"The Windows"....................................... $ 200,000.00 5768
(zzzzzzzz) To assist the City of Aberdeen, Mississippi, 5769
in paying the costs associated with repairs and improvements to 5770
the Magnolias....................................... $ 150,000.00 5771
(aaaaaaaaa) To assist Claiborne County, Mississippi, in 5772
paying the costs associated with repairs and improvements to 5773
historical structures in the county................. $ 75,000.00 5774
(bbbbbbbbb) To assist Claiborne County, Mississippi, in 5775
paying the costs associated with the replacement of an air 5776
conditioning and heating system for the county jail 5777
.................................................... $ 80,000.00 5778
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 236 (MCL\KW)

(ccccccccc) To assist Claiborne County, Mississippi, in 5779
paying the costs associated with the resurfacing of 5780
Russom-Westside Road................................ $ 300,000.00 5781
(ddddddddd) To assist the Summit Community Development 5782
Foundation in paying the costs associated with the Stand Pipe 5783
project............................................. $ 200,000.00 5784
(eeeeeeeee) To assist the City of Natchez, Mississippi, 5785
in paying the costs associated with lighting of the Mississippi 5786
River Bridge........................................ $ 500,000.00 5787
(fffffffff) To assist the City of Magee, Mississippi, 5788
in paying the costs associated with infrastructure 5789
improvements........................................ $ 150,000.00 5790
(ggggggggg) To assist the City of Mendenhall, 5791
Mississippi, in paying costs associated with infrastructure 5792
improvements........................................ $ 150,000.00 5793
(hhhhhhhhh) To assist Montgomery County, Mississippi, 5794
in defraying expenses for infrastructure improvements and 5795
industrial facility................................. $ 1,000,000.00 5796
(iiiiiiiii) To assist Attala County, Mississippi, in 5797
paying the costs associated with roof repairs for a county-owned 5798
building............................................ $ 600,000.00 5799
(jjjjjjjjj) To assist the Mississippi Department of 5800
Transportation in paying the costs associated with an overpass for 5801
Old Highway 63 over Highway 98...................... $ 1,200,000.00 5802
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 237 (MCL\KW)

(kkkkkkkkk) To assist Greene County, Mississippi, in 5803
paying the costs associated with asbestos abatement and demolition 5804
of an abandoned factory building.................... $ 600,000.00 5805
(lllllllll) To assist Greene County, Mississippi, in 5806
paying the costs associated with the conversion of the old 5807
farmer's market into a regional emergency operations 5808
center.............................................. $ 1,200,000.00 5809
(mmmmmmmmm) To assist the Greene County School District 5810
in paying costs associated with tornado and wind damage at the 5811
McLain Attendance Center............................ $ 50,000.00 5812
(nnnnnnnnn) To assist the City of D'Iberville, 5813
Mississippi, in paying the costs associated with upgrades, 5814
mitigation and improvements to the city marina...... $ 750,000.00 5815
(ooooooooo) To assist Jackson County, Mississippi, in 5816
paying the costs associated with the renovations and expansions of 5817
the Ball Park Road Fire Station..................... $ 750,000.00 5818
(ppppppppp) To assist the City of Ocean Springs, 5819
Mississippi, in paying costs associated with improvements to Riley 5820
Road................................................ $ 500,000.00 5821
(qqqqqqqqq) To assist the Pearl & Leaf Rivers Rails to 5822
Trails Recreational District in paying the costs associated with 5823
overlaying the trail from James Lynn Cartlidge Gateway to Carolyn 5824
McRaney Gateway and paving the parking lots at 5825
stations............................................ $ 1,500,000.00 5826
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 238 (MCL\KW)

(rrrrrrrrr) To assist the City of Flowood, Mississippi, 5827
in paying the costs associated with infrastructure improvements to 5828
North Flowood Drive................................. $ 2,000,000.00 5829
(sssssssss) To assist the Mississippi Department of 5830
Transportation in paying the costs associated with improvements to 5831
Highway 25 between Grants Ferry Road and Mississippi 5832
Highway 471......................................... $ 4,000,000.00 5833
(ttttttttt) To assist the City of Macon, Mississippi, 5834
in paying the costs associated with inspection, repairs and 5835
improvements to the Electric Department Office...... $ 40,000.00 5836
(uuuuuuuuu) To assist Noxubee County, Mississippi, in 5837
paying the costs associated with a roof replacement on the county 5838
courthouse.......................................... $ 400,000.00 5839
(vvvvvvvvv) To assist the City of Poplarville, 5840
Mississippi, in paying costs associated with the acquisition of a 5841
new fire truck...................................... $ 500,000.00 5842
(wwwwwwwww) To assist Warren County, Mississippi, in 5843
paying the costs associated with upgrades and improvements for the 5844
historic Old Courthouse and grounds in Vicksburg.... $ 650,000.00 5845
(xxxxxxxxx) To assist the City of Gulfport, 5846
Mississippi, in paying costs associated with the Interconnecting 5847
Gulfport project related to the federal BUILD grant route, to 5848
include Pool Street Extension, Creosote Road Extension, and Daniel 5849
Boulevard Extension................................. $ 3,500,000.00 5850
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 239 (MCL\KW)

(yyyyyyyyy) To assist Yazoo County, Mississippi, in 5851
paying the costs associated with the construction and repairs of 5852
the Lake George Bridge.............................. $ 3,000,000.00 5853
(zzzzzzzzz) To assist Issaquena County, Mississippi, in 5854
paying the costs associated with the construction and repairs of 5855
the Mannie Road Bridge.............................. $ 1,500,000.00 5856
(aaaaaaaaaa) To assist Sharkey County, Mississippi, in 5857
paying the costs associated with the construction and repairs of 5858
the Low Water Bridge Road Bridge.................... $ 1,500,000.00 5859
(bbbbbbbbbb) To assist the Warren County Port 5860
Commission in defraying expenses for environmental and 5861
permit.............................................. $ 500,000.00 5862
(cccccccccc) To assist Quitman County, Mississippi, in 5863
paying the costs associated with infrastructure improvements on 5864
county roads and bridges............................ $ 500,000.00 5865
(dddddddddd) To assist Perry County, Mississippi, in 5866
paying the costs associated with the widening of 5867
Cochran Road........................................ $ 600,000.00 5868
(eeeeeeeeee) To assist the City of Richland, 5869
Mississippi, in paying the costs associated with the Highway 49 5870
pedestrian crossover................................ $ 500,000.00 5871
(ffffffffff) To assist the City of Pearl, Mississippi, 5872
in paying the costs associated with the Pearl-Richland Intermodal 5873
Bridge.............................................. $ 2,000,000.00 5874
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 240 (MCL\KW)

(gggggggggg) To assist the Mississippi Department of 5875
Transportation in paying the costs associated with improvements to 5876
Highway 21 in Sebastopol, Mississippi............... $ 400,000.00 5877
(hhhhhhhhhh) To assist the Town of Decatur, 5878
Mississippi, in paying the costs associated with upgrading rescue 5879
extrication equipment............................... $ 60,000.00 5880
(iiiiiiiiii) To assist the City of Hernando, 5881
Mississippi, in paying the costs associated with infrastructure 5882
improvements to the Oak Grove and Highway 51 intersection 5883
.................................................... $ 500,000.00 5884
(jjjjjjjjjj) To assist the City of Tupelo, 5885
Mississippi, in the refurbishment of Ballard Park for the purposes 5886
of renovation and to establish a special needs (all inclusive) 5887
children's playground............................... $ 500,000.00 5888
(kkkkkkkkkk) To assist the City of Tupelo, Mississippi, 5889
in paying costs associated with turnaround access at the Elvis 5890
Presley Birthplace.................................. $ 250,000.00 5891
(llllllllll) To assist the City of Saltillo, 5892
Mississippi, in paying the costs associated with infrastructure 5893
improvements........................................ $ 250,000.00 5894
(mmmmmmmmmm) To assist the City of Gluckstadt, 5895
Mississippi, in paying the costs associated with the acquisition 5896
of land and construction of a new police station.... $ 1,000,000.00 5897
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 241 (MCL\KW)

(nnnnnnnnnn) To assist the City of Ridgeland, 5898
Mississippi, in paying the costs associated with the construction 5899
of the Commerce Park Connector Road................. $ 1,000,000.00 5900
(oooooooooo) To assist the City of Ridgeland, 5901
Mississippi, in paying the costs associated with road paving and 5902
improvements to city streets........................ $ 1,500,000.00 5903
(pppppppppp) To assist the City of Olive Branch, 5904
Mississippi, in paying the costs associated with infrastructure 5905
improvement on Pleasant Hill Road from SR 302 to Stateline 5906
Road................................................ $ 750,000.00 5907
(qqqqqqqqqq) To assist the Horn Lake Creek Basin 5908
Interceptor Sewer District in paying the costs associated with an 5909
infrastructure project.............................. $10,000,000.00 5910
(rrrrrrrrrr) To assist the City of Corinth, 5911
Mississippi, in paying the costs associated with the EFLAP Bridge 5912
Replacement......................................... $ 500,000.00 5913
(ssssssssss) To assist Alcorn County, Mississippi, in 5914
paying the costs associated with infrastructure improvements at 5915
the Getwell Road and Harper Road Intersection....... $ 350,000.00 5916
(tttttttttt) To assist the Town of Blue Mountain, 5917
Mississippi, in paying the costs associated with improvements to 5918
the Blue Mountain Children's Park................... $ 150,000.00 5919
(uuuuuuuuuu) To assist the Town of Farmington, 5920
Mississippi, in paying the costs associated with computer 5921
equipment upgrades for city hall.................... $ 25,000.00 5922
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 242 (MCL\KW)

(vvvvvvvvvv) To assist the City of Corinth, 5923
Mississippi, in paying the costs associated with the Corinth 5924
Veterans Honor Memorial............................. $ 25,000.00 5925
(wwwwwwwwww) To assist the University of Southern 5926
Mississippi in paying the costs associated with re-roofing the 5927
coliseum............................................ $ 500,000.00 5928
(xxxxxxxxxx) To assist Stone County, Mississippi, in 5929
paying the costs associated with road paving and improvements to 5930
county roads and bridges............................ $ 500,000.00 5931
(yyyyyyyyyy) To assist the City of Greenville, 5932
Mississippi, in paying the costs of construction and development 5933
of the downtown green space associated with the new federal 5934
courthouse as part of the Thad Cochran Project...... $ 500,000.00 5935
(zzzzzzzzzz) To assist the City of Greenville, 5936
Mississippi, in paying the costs of redevelopment of Hangar 173 at 5937
airport to assist the Mississippi Delta Community College (MDCC) 5938
Aerospace Maintenance Instruction Program........... $ 1,500,000.00 5939
(aaaaaaaaaaa) To assist the City of Cleveland, 5940
Mississippi, in paying the costs associated with the Airport 5941
Terminal Road Extension Project..................... $ 1,000,000.00 5942
(bbbbbbbbbbb) To assist Tishomingo County, Mississippi, 5943
in paying the costs associated with a tornado siren and storm 5944
shelter at Carter's Branch Volunteer 5945
Fire Department..................................... $ 50,000.00 5946
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 243 (MCL\KW)

(ccccccccccc) To assist the Town of Marietta, 5947
Mississippi, in paying the costs associated with an infrastructure 5948
project............................................. $ 165,000.00 5949
(ddddddddddd) To assist the Town of Mantachie, 5950
Mississippi, in paying the costs associated with modernizing the 5951
town's police force................................. $ 100,000.00 5952
(eeeeeeeeeee) To assist Tishomingo County, Mississippi, 5953
in paying the costs associated with a roof replacement for the 5954
Circuit Courthouse.................................. $ 400,000.00 5955
(fffffffffff) To assist the City of Iuka, Mississippi, 5956
in paying the costs associated with repairs and improvements to 5957
city streets........................................ $ 150,000.00 5958
(ggggggggggg) To assist the Yellow Creek Inland Port 5959
Authority in paying the costs associated with infrastructure and 5960
port improvement.................................... $ 1,500,000.00 5961
(hhhhhhhhhhh) To assist Pontotoc County, Mississippi, 5962
in paying the costs associated with a Veteran's Service Center in 5963
Pontotoc............................................ $ 125,000.00 5964
(iiiiiiiiiii) To assist Pontotoc County, Mississippi, 5965
in paying costs associated with improvements to the 5966
Fairgrounds/Exhibit Building Parking Project........ $ 100,000.00 5967
(jjjjjjjjjjj) To assist the City of Calhoun City, 5968
Mississippi, in paying the costs associated with paving and 5969
improvements to city streets........................ $ 200,000.00 5970
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 244 (MCL\KW)

(kkkkkkkkkkk) To assist the Mississippi Arts and 5971
Entertainment Experience (The MAX) in paying the costs associated 5972
with upgrading exhibits............................. $ 250,000.00 5973
(lllllllllll) To assist Yazoo County, Mississippi, in 5974
paying costs associated with renovations at the Oakes 5975
African-American Cultural Center.................... $ 100,000.00 5976
(mmmmmmmmmmm) To assist the City of Pass Christian, 5977
Mississippi, in paying the costs associated with the Pass 5978
Christian Downtown Redevelopment Initiative......... $ 750,000.00 5979
(nnnnnnnnnnn) To assist Clay County, Mississippi, in 5980
paying the costs associated with the renovations of the county 5981
courthouse.......................................... $ 350,000.00 5982
(ooooooooooo) To assist the City of West Point, 5983
Mississippi, in paying the costs associated with road paving and 5984
improvements to city streets........................ $ 400,000.00 5985
(ppppppppppp) To assist the City of Macon, Mississippi, 5986
for reimbursement to the city for engineers, clean up of debris, 5987
and to stabilize exterior of Electric Department when surrounding 5988
buildings collapsed (local state of emergency)...... $ 35,000.00 5989
(qqqqqqqqqqq) To assist the Pascagoula Redevelopment 5990
Authority in paying the costs associated with the downtown 5991
revitalization project.............................. $ 750,000.00 5992
(rrrrrrrrrrr) To assist the City of Eupora, 5993
Mississippi, in paying the costs associated with the construction 5994
of an amphitheater.................................. $ 50,000.00 5995
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 245 (MCL\KW)

(sssssssssss) To assist the City of Eupora, 5996
Mississippi, in paying the costs associated with a 5997
walking trail....................................... $ 10,000.00 5998
(ttttttttttt) To assist Lowndes County, Mississippi, in 5999
paying the costs associated with the construction, development, 6000
upgrades and improvements to the rail yard expansion at the West 6001
Bank Port, and other rail improvements in Lowndes County that 6002
provide otherwise support freight rail service to and from the 6003
West Bank Port...................................... $ 3,200,000.00 6004
(uuuuuuuuuuu) To assist the City of Jackson, 6005
Mississippi, in paying the costs associated with the widening, 6006
straightening and clearing debris from Eubanks Creek from State 6007
Street to Old Canton Road........................... $ 500,000.00 6008
(vvvvvvvvvvv) To assist the Department of Finance and 6009
Administration in paying the costs associated with the development 6010
of the LeFleur's Bluff Otter Creek Golf Park and Connector Trail 6011
Project............................................. $13,250,000.00 6012
(wwwwwwwwwww) To assist the City of Vicksburg, 6013
Mississippi, in paying costs associated with the river front 6014
development......................................... $ 3,500,000.00 6015
(xxxxxxxxxxx) To assist the City of Pelahatchie, 6016
Mississippi, in paying the costs associated with repairs and 6017
improvements to roads and bridges................... $ 300,000.00 6018
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 246 (MCL\KW)

(yyyyyyyyyyy) To assist the Marty Stuart Congress of 6019
Country Music Museum in paying the costs associated with the 6020
completion of the Ellis Theatre..................... $ 500,000.00 6021
(zzzzzzzzzzz) To assist the City of Water Valley, 6022
Mississippi, in paying the costs associated with upgrades and 6023
improvements to the city-owned electrical system.... $ 500,000.00 6024
(aaaaaaaaaaaa) To assist the North Mississippi Health 6025
Services in paying the costs associated with the unfinished 6026
dedicated operating room for cesarean deliveries at the hospital 6027
in Amory, Mississippi, which room may be used as a negative 6028
pressure room ...................................... $ 1,000,000.00 6029
(bbbbbbbbbbbb) To assist the B.B. King Museum and Delta 6030
Interpretive Center in paying costs associated with renovations, 6031
repairs and improvements to the B.B. King Museum and 6032
Club Ebony.......................................... $ 2,500,000.00 6033
(cccccccccccc) To assist the Department of Finance and 6034
Administration – Bureau of Building, Ground and Real Property 6035
Management for the Mississippi Sports Hall of Fame and Museum in 6036
paying costs associated with renovations, repairs and improvements 6037
to the Mississippi Sports Hall of Fame.............. $ 2,500,000.00 6038
(dddddddddddd) To assist the Town of Macon, 6039
Mississippi, in paying costs associated with storm cleanup and 6040
emergency operation including storm debris removal.. $ 75,000.00 6041
(eeeeeeeeeeee) To assist Noxubee County, Mississippi, 6042
in paying costs associated with repair of the Veterans 6043
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 247 (MCL\KW)

Building............................................ $ 25,000.00 6044
(ffffffffffff) To assist Noxubee County, Mississippi, 6045
in paying costs associated with road maintenance 6046
and repairs......................................... $ 150,000.00 6047
(gggggggggggg) [Deleted] 6048
(hhhhhhhhhhhh) To assist the Town of Vaiden, 6049
Mississippi, in paying costs associated with various 6050
infrastructure projects............................. $ 100,000.00 6051
(iiiiiiiiiiii) To assist the Town of McCool, 6052
Mississippi, in paying costs associated with various 6053
infrastructure projects............................. $ 100,000.00 6054
(jjjjjjjjjjjj) To assist the Tate County Heritage 6055
Museum in paying costs associated with acquisition and updating of 6056
exhibits and displays and repair, restoration, upgrades and 6057
improvements to equipment and facilities............ $ 50,000.00 6058
(kkkkkkkkkkkk) To assist the Mississippi's Toughest 6059
Kids Foundation in paying the costs associated with: 6060
(i) Design, preplanning, construction, furnishing 6061
and equipping of buildings and related facilities at Camp Kamassa 6062
in Copiah County, Mississippi; and 6063
(ii) Design, preplanning, construction and 6064
development of infrastructure at Camp Kamassa in Copiah County, 6065
Mississippi......................................... $ 1,000,000.00 6066
SECTION 61. Section 41-26-14, Mississippi Code of 1972, is 6067
brought forward as follows: 6068
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 248 (MCL\KW)

41-26-14. (1) The department shall develop and implement a 6069
cross connection control program in accordance with this section. 6070
Before development of the cross connection control program, the 6071
department shall consult with the United States Environmental 6072
Protection Agency regarding the development of a federal cross 6073
connection control program. It is the intent of the Legislature 6074
that any cross connection control program developed and 6075
implemented by the department be equivalent to a federal program, 6076
unless otherwise provided in this section. 6077
(2) (a) The board shall adopt regulations defining a high 6078
hazard cross connection and a low hazard cross connection. The 6079
board shall determine which low hazard cross connections pose a 6080
very low risk and therefore are below regulatory concern. Those 6081
low hazard cross connections posing a very low risk shall be 6082
exempt from the requirements of this section and shall not be 6083
required to have a backflow preventer device. In addition, the 6084
regulations shall specify those backflow preventer devices which 6085
are recommended to address both high hazard and low hazard cross 6086
connections. 6087
(b) For the purposes of this section, the following 6088
cross connections shall be considered as low hazard cross 6089
connections posing a very low risk: 6090
(i) Any lawn sprinkler system or lawn irrigation 6091
system that is connected to a public water system and was 6092
professionally installed, regardless of whether the system is 6093
H. B. No. 1049 *HR26/R944CS* ~ OFFICIAL ~
26/HR26/R944CS
PAGE 249 (MCL\KW)

underground or above ground or whether the system has pop-up 6094
sprinkler heads; 6095
(ii) Any swimming pool that is connected to a 6096
public water system and was professionally installed, or any 6097
swimming pool that is connected to a public water system and has a 6098
fill line with an anti-siphon air gap; 6099
(iii) Any water fountain or cooler that provides 6100
drinking water for human consumption, that is connected to a 6101
public water system and was professionally installed; 6102
(iv) Any fire sprinkler system that contains only 6103
water or a dry pipe and no chemicals, that is connected to a 6104
public water system and was professionally installed; and 6105
(v) Any commercial establishment that is connected 6106
to a public water system, that contains no cross connections 6107
directly with a dangerous or hazardous substance or material. 6108
(c) For the purposes of this section, any lawn 6109
sprinkler system or lawn irrigation system that is connected to a 6110
public water system and either injects or stores lawn chemicals or 6111
is connected to a wastewater supply shall be considered as high 6112
hazard cross connections and not exempt from the requirements of 6113
this section; however, the local public water system shall not be 6114
required to conduct an on-site inspection to identify any such 6115
system under this paragraph (c). 6116
(d) Any regulations that were adopted before April 12, 6117
2001, to implement a cross connection control program shall be 6118
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void to the extent those regulations are in conflict or 6119
inconsistent with this section. 6120
(3) Before December 31, 2000, each public water system shall 6121
develop and implement a cross connection control program and shall 6122
conduct a survey and on-site visits, as necessary, to locate cross 6123
connections within its system. Single family dwellings and 6124
multifamily dwellings shall be excluded from the survey, unless 6125
the public water system has reason to believe a cross connection 6126
exists. 6127
(4) Before June 30, 2001, each property owner identified by 6128
the public water system as having a high hazard cross connection 6129
shall install a backflow preventer device. If the property owner 6130
already has a backflow preventer device installed and the backflow 6131
preventer device functions properly, the public water system shall 6132
consider the backflow preventer device approved and shall allow 6133
the installed backflow preventer device to remain in place until 6134
the backflow preventer device fails to function properly. 6135
Additional backflow preventer devices shall not be required for 6136
carbonated beverage dispensers if (a) the water supply connection 6137
to the carbonated beverage dispenser is protected against backflow 6138
by a backflow preventer device conforming to ASSE 1022 or by an 6139
air gap, and (b) the backflow preventer device and the piping 6140
downstream from the device are not affected by carbon dioxide gas. 6141
(5) Before June 30, 2004, each property owner identified by 6142
the public water system as having a low hazard cross connection 6143
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shall install a backflow preventer device. This requirement does 6144
not apply to any low hazard cross connection that poses a very low 6145
risk. If the property owner already has a backflow preventer 6146
device installed and the backflow preventer device functions 6147
properly, the public water system shall consider the backflow 6148
preventer device approved and shall allow the installed backflow 6149
preventer device to remain in place until the backflow preventer 6150
device fails to function properly. 6151
(6) Each high hazard backflow preventer device shall be 6152
inspected and tested at least annually. If a high hazard backflow 6153
preventer device fails to function properly, the property owner 6154
shall have the backflow preventer device repaired and retested or 6155
shall install a new approved backflow preventer device within 6156
thirty (30) days of the initial test. If a low hazard backflow 6157
preventer device fails to function properly, the property owner 6158
shall have the backflow preventer device repaired or shall install 6159
a new backflow preventer device within ninety (90) days after the 6160
date the backflow preventer device first fails to function 6161
properly. 6162
(7) All inspection and testing of backflow preventer devices 6163
under this section shall be conducted by a certified tester, 6164
unless otherwise provided in the regulations of the board. 6165
Certified backflow preventer device testers shall be licensed by 6166
the department under those conditions as the department deems 6167
appropriate. 6168
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(8) If a property owner fails to install a backflow 6169
preventer device or fails to have a backflow preventer device 6170
tested as required by this section, the public water system may 6171
discontinue service to that property owner until the failure is 6172
corrected. 6173
(9) After the dates specified in subsections (4) and (5) of 6174
this section, it is unlawful to install or allow the installation 6175
or maintenance of any cross connection, auxiliary intake or 6176
bypass, unless the source and quality of water from the auxiliary 6177
supply, the method of connection and the use and operation of that 6178
cross connection, auxiliary intake or bypass has been approved by 6179
the director. However, this subsection does not authorize the 6180
director to modify, supersede or suspend any provision of this 6181
section regarding backflow preventer devices. 6182
(10) (a) A municipality, county or public water system 6183
shall not adopt or implement any ordinance, rule, regulation, 6184
standard or policy regarding cross connections or backflow 6185
preventer devices that is more stringent or extensive in scope, 6186
coverage or effect than the provisions of this section or any 6187
rules or regulations adopted by the board to implement this 6188
section, or is in conflict or inconsistent with the provisions of 6189
this section or any rules or regulations adopted by the board to 6190
implement this section. Any such ordinance, rule, regulation, 6191
standard or policy regarding cross connections or backflow 6192
preventer devices that was adopted before April 12, 2001, is void 6193
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to the extent that it is more stringent or extensive in scope, 6194
coverage or effect than the provisions of this section or any 6195
rules or regulations adopted by the board to implement this 6196
section, or is in conflict or inconsistent with the provisions of 6197
this section or any rules or regulations adopted by the board to 6198
implement this section. 6199
(b) If any municipality or county adopts or has 6200
previously adopted a building code, plumbing code or any other 6201
code that contains requirements or standards regarding cross 6202
connections or backflow preventer devices, the municipality or 6203
county or any public water system operating in the municipality or 6204
county shall not implement or enforce any such requirements or 6205
standards that are more stringent or extensive in scope, coverage 6206
or effect than the provisions of this section or any rules or 6207
regulations adopted by the board to implement this section, or are 6208
in conflict or inconsistent with the provisions of this section or 6209
any rules or regulations adopted by the board to implement this 6210
section. 6211
SECTION 62. Section 47-5-94, Mississippi Code of 1972, is 6212
brought forward as follows: 6213
47-5-94. The Bureau of Building, Grounds and Real Property 6214
Management of the Department of Finance and Administration and the 6215
State Board of Health are hereby authorized and directed, upon the 6216
passage of this section, to institute permanent annual structural 6217
and environmental inspections of institutional housing and service 6218
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facilities at the State Penitentiary, such inspections to include, 6219
but not be limited to, structural soundness, repairs and 6220
maintenance of buildings; food service; fire and safety hazards; 6221
fresh water supply; wastewater system; sewage collection and 6222
treatment; solid waste collection, storage and disposal; rodent 6223
and pest control and general institutional housekeeping. 6224
Beginning July 1, 2025, the Mississippi State Department of Health 6225
shall conduct an annual structural and environmental inspection of 6226
the infirmary at the State Penitentiary at Parchman and make a 6227
report thereon as required in this section. 6228
All other state agencies, authorities, boards, commissions 6229
and departments are hereby directed, upon the request of the 6230
Commissioner of Corrections, the Bureau of Building, Grounds and 6231
Real Property Management of the Department of Finance and 6232
Administration or the State Board of Health, to assist in such 6233
inspections with the fullest degree of reasonable cooperation. 6234
Within thirty (30) days of the completion of the inspections 6235
provided for herein, the participants shall compile a written 6236
report of their findings which shall be submitted to the Governor, 6237
the Commissioner of Corrections and the Warden or Superintendent 6238
of the State Penitentiary at Parchman. 6239
SECTION 63. Section 49-17-29, Mississippi Code of 1972, is 6240
brought forward as follows: 6241
49-17-29. (1) (a) Except as in compliance with paragraph 6242
(b) of this subsection, it is unlawful for any person to cause 6243
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pollution of the air in the state or to place or cause to be 6244
placed any wastes or other products or substances in a location 6245
where they are likely to cause pollution of the air. It is also 6246
unlawful to discharge any wastes, products or substances into the 6247
air of the state which exceed standards of performance, hazardous 6248
air pollutant standards, other emission standards set by the 6249
commission, or which reduce the quality of the air below the air 6250
quality standards or increments established by the commission or 6251
prevent attainment or maintenance of those air quality standards. 6252
Any such action is hereby declared to be a public nuisance. 6253
(b) It is unlawful for any person to build, erect, 6254
alter, replace, use or operate any equipment which will cause the 6255
issuance of air contaminants unless that person holds a permit 6256
from the Permit Board (except repairs or maintenance of equipment 6257
for which a permit has been previously issued), or unless that 6258
person is exempted from holding a permit by a regulation 6259
promulgated by the commission. Concentrated animal feeding 6260
operations may be a source or a category of sources exempted under 6261
this paragraph. However, no new or existing applications relating 6262
to swine concentrated animal feeding operations within a county 6263
shall be exempted from regulations and ordinances which have been 6264
duly passed by the county's board of supervisors and which are in 6265
force on June 1, 1998. 6266
(2) (a) Except as in compliance with paragraph (b) of this 6267
subsection, it is unlawful for any person to cause pollution of 6268
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any waters of the state or to place or cause to be placed any 6269
wastes in a location where they are likely to cause pollution of 6270
any waters of the state. It is also unlawful to discharge any 6271
wastes into any waters of the state which reduce the quality of 6272
those waters below the water quality standards established by the 6273
commission; or to violate any applicable pretreatment standards or 6274
limitations, technology-based effluent limitations, toxic 6275
standards or any other limitations established by the commission. 6276
Any such action is declared to be a public nuisance. 6277
(b) It is unlawful for any person to carry on any of 6278
the following activities, unless that person holds a current 6279
permit for that activity from the Permit Board as may be required 6280
for the disposal of all wastes which are or may be discharged into 6281
the waters of the state, or unless that person is exempted from 6282
holding a permit by a regulation promulgated by the commission: 6283
(i) the construction, installation, modification or operation of 6284
any disposal system or part thereof or any extension or addition 6285
thereto, including, but not limited to, systems serving 6286
agricultural operations; (ii) the increase in volume or strength 6287
of any wastes in excess of the permissive discharges specified 6288
under any existing permit; (iii) the construction, installation or 6289
operation of any industrial, commercial or other establishment, 6290
including irrigation projects or any extension or modification 6291
thereof or addition thereto, the operation of which would cause an 6292
increase in the discharge of wastes into the waters of the state 6293
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or would otherwise alter the physical, chemical or biological 6294
properties of any waters of the state in any manner not already 6295
lawfully authorized; (iv) the construction or use of any new 6296
outlet for the discharge of any wastes into the waters of the 6297
state. However, no new or existing applications relating to swine 6298
concentrated animal feeding operations within a county shall be 6299
exempted from regulations and ordinances which have been duly 6300
passed by the county's board of supervisors and which are in force 6301
on June 1, 1998. 6302
(3) (a) Except as otherwise provided in this section, the 6303
Permit Board created by Section 49-17-28 shall be the exclusive 6304
administrative body to make decisions on permit issuance, 6305
reissuance, denial, modification or revocation of air pollution 6306
control and water pollution control permits and permits required 6307
under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 6308
17), and all other permits within the jurisdiction of the Permit 6309
Board. After consideration of alternative waste treatment 6310
technologies available to control air and water pollution and 6311
odor, including appropriate siting criteria, the commission may 6312
promulgate regulations establishing conditions, limitations and 6313
exemptions under which the Permit Board shall make these 6314
decisions. Regulations promulgated by the commission which 6315
establish exemptions as authorized under this section shall apply 6316
to any applicable facility in operation on the effective date of 6317
that regulation and to any applicable facility constructed or 6318
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operated after the effective date of that regulation. The Permit 6319
Board may issue multiple permits for the same facility or 6320
operation simultaneously or in the sequence that it deems 6321
appropriate consistent with the commission's regulations. Except 6322
as otherwise provided in this paragraph, the Permit Board, under 6323
any conditions that the board may prescribe, may authorize the 6324
Executive Director of the Department of Environmental Quality to 6325
make decisions on permit issuance, reissuance, denial, 6326
modification or revocation. The executive director shall not be 6327
authorized to make decisions on permit issuance, reissuance, 6328
denial, modification or revocation for a commercial hazardous 6329
waste management facility or a solid waste management permit for a 6330
municipal solid waste landfill or incinerator. A decision by the 6331
executive director shall be a decision of the Permit Board and 6332
shall be subject to formal hearing and appeal as provided in this 6333
section. The executive director shall report all permit decisions 6334
to the Permit Board at its next regularly scheduled meeting and 6335
those decisions shall be recorded in the minutes of the Permit 6336
Board. The decisions of the Permit Board shall be recorded in 6337
minutes of the Permit Board and shall be kept separate and apart 6338
from the minutes of the commission. The decision of the Permit 6339
Board or the executive director to issue, reissue, deny, modify or 6340
revoke permits shall not be construed to be an order or other 6341
action of the commission. 6342
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(b) The Executive Director of the Department of 6343
Environmental Quality shall also be the Executive Director of the 6344
Permit Board and shall have available to him, as Executive 6345
Director of the Permit Board, all resources and personnel 6346
otherwise available to him as executive director of the 6347
department. 6348
(c) All persons required to obtain an air pollution 6349
control or water pollution control permit, a permit under the 6350
Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any 6351
other permit within the jurisdiction of the Permit Board shall 6352
make application for that permit with the Permit Board. The 6353
Permit Board, under any regulations as the commission may 6354
prescribe, may require the submission of those plans, 6355
specifications and other information as it deems necessary to 6356
carry out Sections 49-17-1 through 49-17-43 and Title 17, Chapter 6357
17, or to carry out the commission's regulations adopted under 6358
those sections. The Permit Board, based upon any information as 6359
it deems relevant, shall issue, reissue, deny, modify or revoke 6360
air pollution control or water pollution control permit or permits 6361
required under the Solid Wastes Disposal Law of 1974 (Title 17, 6362
Chapter 17) or any other permit within the jurisdiction of the 6363
Permit Board under any conditions as it deems necessary that are 6364
consistent with the commission's regulations. The Permit Board's 6365
action of issuance, reissuance, denial, modification or revocation 6366
of a permit as recorded in its minutes shall constitute a complete 6367
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decision of the board. All permits issued by the Permit Board 6368
shall remain in full force and effect until the board makes a 6369
final determination regarding any reissuance, modification, or 6370
revocation thereof. The Permit Board shall take action upon an 6371
application within one hundred eighty (180) days following its 6372
receipt in the board's principal office. No action which affects 6373
revocation of an existing permit shall take effect until the 6374
thirty (30) days mentioned in paragraph (4)(b) of this section has 6375
expired or until a formal hearing as prescribed in that paragraph 6376
is held, whichever is later. 6377
(d) The Permit Board may adopt rules of practice and 6378
procedure governing its proceedings that are consistent with the 6379
commission's regulations. All hearings in connection with permits 6380
issued, reissued, denied, modified or revoked and all appeals from 6381
decisions of the Permit Board shall be as provided in this 6382
section. 6383
(e) Upon any conditions that are consistent with the 6384
commission's regulations and subject to those procedures for 6385
public notice and hearings as provided by law, not inconsistent 6386
with federal law and regulations, the Permit Board may issue 6387
general permits and, where appropriate, may consolidate multiple 6388
permits for the same facility or operation into a single permit. 6389
(f) The Permit Board shall not issue any permit for a 6390
new swine concentrated animal feeding operation or the expansion 6391
of an existing swine concentrated animal feeding operation before 6392
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January 1, 2000, unless the department received the application 6393
for that operation's new or modified permit before February 28, 6394
1998, or except as provided in this paragraph (f). In issuing or 6395
modifying any permit for which the department received an 6396
application before February 28, 1998, the Permit Board shall apply 6397
those siting criteria adopted or used by the commission before 6398
February 28, 1998, unless federal law or regulations require more 6399
stringent criteria. The moratorium established in this paragraph 6400
shall not apply to the issuance of any permit for a new swine 6401
concentrated animal feeding operation or the expansion of an 6402
existing swine concentrated animal feeding operation that uses an 6403
animal waste management system which the applicant demonstrates to 6404
the Permit Board is innovative in significantly reducing the 6405
effects of the operation on the public health, welfare or the 6406
environment and which is approved by the Permit Board. The Permit 6407
Board shall not issue or modify more than five (5) permits under 6408
this innovative animal waste management system technology 6409
exemption to the moratorium. 6410
(g) Each applicant for a permit for a new outlet for 6411
the discharge of wastes into the waters of the state who is 6412
required to obtain a certificate of public convenience and 6413
necessity from the Public Service Commission for such wastewater 6414
system shall submit financial and managerial information as 6415
required by the Public Utilities Staff. Following review of that 6416
information, the Executive Director of the Public Utilities Staff 6417
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shall certify in writing to the executive director of the 6418
department, the financial and managerial viability of the system 6419
if the Executive Director of the Public Utilities Staff determines 6420
the system is viable. The Permit Board shall not issue the permit 6421
until the certification is received. 6422
(4) (a) Except as required by this section, before the 6423
issuance, reissuance, denial, modification or revocation of any 6424
air pollution control or water pollution control permit, permit 6425
required under the Solid Wastes Disposal Law of 1974 (Title 17, 6426
Chapter 17) or any other permit within its jurisdiction, the 6427
Permit Board, in its discretion, may hold a public hearing or 6428
meeting to obtain comments from the public on its proposed action. 6429
Before the issuance, reissuance, denial, modification pertaining 6430
to the expansion of a facility, transfer or revocation of a permit 6431
for a commercial hazardous waste management facility or a solid 6432
waste management permit for a commercial municipal solid waste 6433
landfill or incinerator, the Permit Board shall conduct a public 6434
hearing or meeting to obtain comments from the public on the 6435
proposed action. That hearing or meeting shall be informal in 6436
nature and conducted under those procedures as the Permit Board 6437
may deem appropriate consistent with the commission's regulations. 6438
(b) Within thirty (30) days after the date the Permit 6439
Board takes action upon permit issuance, reissuance, denial, 6440
modification or revocation, as recorded in the minutes of the 6441
Permit Board, any interested party aggrieved by that action may 6442
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file a written request for a formal hearing before the Permit 6443
Board. An interested party is any person claiming an interest 6444
relating to the property or project which is the subject of the 6445
permit action, and who is so situated that the person may be 6446
affected by the disposition of that action. 6447
The Permit Board shall fix the time and place of the formal 6448
hearing and shall notify the permittee of that time and place. 6449
In conducting the formal hearing, the Permit Board shall have 6450
the same full powers as to subpoenaing witnesses, administering 6451
oaths, examining witnesses under oath and conducting the hearing, 6452
as is now vested by law in the Mississippi Public Service 6453
Commission, as to the hearings before it, with the additional 6454
power that the Executive Director of the Permit Board may issue 6455
all subpoenas at the instance of the Permit Board or at the 6456
instance of any interested party. Any subpoenas shall be served 6457
by any lawful officer in any county to whom the subpoena is 6458
directed and return made thereon as provided by law, with the cost 6459
of service being paid by the party on whose behalf the subpoena 6460
was issued. Witnesses summoned to appear at the hearing shall be 6461
entitled to the same per diem and mileage as witnesses attending 6462
the circuit court and shall be paid by the person on whose behalf 6463
the witness was called. Sufficient sureties for the cost of 6464
service of the subpoena and witness fees shall be filed with the 6465
Executive Director of the Permit Board at the time that issuance 6466
of the subpoena is requested. At a hearing, any interested party 6467
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may present witnesses and submit evidence and cross-examine 6468
witnesses. 6469
The Permit Board may designate a hearing officer to conduct 6470
the formal hearing on all or any part of the issues on behalf of 6471
the Permit Board. The hearing officer shall prepare the record of 6472
the formal hearing conducted by that officer for the Permit Board 6473
and shall submit the record to the Permit Board. 6474
Upon conclusion of the formal hearing, the Permit Board shall 6475
enter in its minutes the board's decision affirming, modifying or 6476
reversing its prior decision to issue, reissue, deny, modify or 6477
revoke a permit. The Permit Board shall prepare and record in its 6478
minutes findings of fact and conclusions of law supporting its 6479
decision. That decision, as recorded in its minutes with its 6480
findings of fact and conclusions of law, shall be final unless an 6481
appeal, as provided in this section, is taken to chancery court 6482
within twenty (20) days following the date the decision is entered 6483
in the board's minutes. 6484
(c) Within twenty (20) days after the date the Permit 6485
Board takes action upon permit issuance, reissuance, denial, 6486
modification or revocation after a formal hearing under this 6487
subsection as recorded in the minutes of the Permit Board, any 6488
person aggrieved of that action may appeal the action as provided 6489
in subsection (5) of this section. 6490
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(5) (a) Appeals from any decision or action of the Permit 6491
Board shall be only to chancery court as provided in this 6492
subsection. 6493
(b) Any person who is aggrieved by any decision of the 6494
Permit Board issuing, reissuing, denying, revoking or modifying a 6495
permit after a formal hearing may appeal that decision within the 6496
period specified in subsection (4)(c) of this section to the 6497
chancery court of the county of the situs in whole or in part of 6498
the subject matter. The appellant shall give a cost bond with 6499
sufficient sureties, payable to the state in the sum of not less 6500
than One Hundred Dollars ($100.00) nor more than Five Hundred 6501
Dollars ($500.00), to be fixed by the Permit Board and to be filed 6502
with and approved by the Executive Director of the Permit Board, 6503
who shall forthwith certify the filing of the bond together with a 6504
certified copy of the record of the Permit Board in the matter to 6505
the chancery court to which the appeal is taken, which shall 6506
thereupon become the record of the cause. An appeal to the 6507
chancery court as provided in this section shall not stay the 6508
decision of the Permit Board. The aggrieved party may, within 6509
twenty (20) days following the date the board's decision after a 6510
formal hearing is entered on the board's minutes, petition the 6511
chancery court for an appeal with supersedeas and the chancellor 6512
shall grant a hearing on that petition. Upon good cause shown, 6513
the chancellor may grant that appeal with supersedeas. If 6514
granted, the appellant shall be required to post a bond with 6515
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sufficient sureties according to law in an amount to be determined 6516
by the chancellor. Appeals shall be considered only upon the 6517
record as made before the Permit Board. The chancery court shall 6518
always be deemed open for hearing of an appeal and the chancellor 6519
may hear the same in termtime or in vacation at any place in the 6520
chancellor's district, and the appeal shall have precedence over 6521
all civil cases, except election contests. The chancery court 6522
shall review all questions of law and of fact. If no prejudicial 6523
error is found, the matter shall be affirmed. If prejudicial 6524
error is found the decision of the board shall be reversed and the 6525
chancery court shall remand the matter to the Permit Board for 6526
appropriate action as may be indicated or necessary under the 6527
circumstances. Appeals may be taken from the chancery court to 6528
the Supreme Court in the manner as now required by law, except 6529
that if a supersedeas is desired by the party appealing to the 6530
chancery court, that party may apply for a supersedeas to the 6531
chancellor of that court, who shall award a writ of supersedeas, 6532
without additional bond, if in the chancellor's judgment material 6533
damage is not likely to result thereby; but otherwise, the 6534
chancellor shall require a supersedeas bond as the chancellor 6535
deems proper, which shall be liable to the state for any damage. 6536
SECTION 64. Section 49-17-83, Mississippi Code of 1972, is 6537
brought forward as follows: 6538
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49-17-83. For the purposes of Sections 49-17-81 through 6539
49-17-89, the following words and phrases shall have the meaning 6540
ascribed in this section: 6541
(a) "Administrator" means the Administrator of the 6542
United States Environmental Protection Agency. 6543
(b) "Commission" means the Mississippi Commission on 6544
Environmental Quality. 6545
(c) "Department" means the Mississippi Department of 6546
Environmental Quality. 6547
(d) "Emergency fund" means the "Water Pollution Control 6548
Emergency Loan Fund" created under Section 49-17-86. 6549
(e) "Loan agreement" means an agreement by and among 6550
the commission, a political subdivision and the State Tax 6551
Commission to evidence the terms and provisions of a loan under 6552
Sections 49-17-81 through 49-17-89. 6553
(f) "Loan fund" means the Water Pollution Abatement 6554
Loan Fund created pursuant to Section 49-17-61. 6555
(g) "Municipal security" means a bond, note or other 6556
evidence of indebtedness issued by a political subdivision to 6557
evidence a loan pursuant to the provisions of Sections 49-17-81 6558
through 49-17-89. 6559
(h) "Political subdivision" means any county, 6560
municipality, utility, district, political subdivision, or other 6561
governmental unit created under state law. 6562
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(i) "Project" means a publicly owned wastewater 6563
collection, treatment or disposal system including sludge 6564
disposal, renovation, repair and upgrading of existing systems, 6565
nonpoint source pollution control management programs and estuary 6566
conservation and management programs, and otherwise qualified 6567
under rules of the commission pursuant to the federal Water 6568
Quality Act of 1987. 6569
(j) "Revolving fund" means the Mississippi Water 6570
Pollution Control Revolving Fund created under Section 49-17-85. 6571
(k) "State" means the State of Mississippi. 6572
SECTION 65. Section 49-17-403, Mississippi Code of 1972, is 6573
brought forward as follows: 6574
49-17-403. For the purposes of Sections 49-17-401 through 6575
49-17-433, the following shall have the meaning ascribed in this 6576
section: 6577
(a) "Active site" means a site of an underground 6578
storage tank where an owner can be identified and where the tank 6579
is available for use in the management and handling of motor 6580
fuels, including tanks currently in service, tanks temporarily 6581
closed and tanks temporarily out of service. 6582
(b) "Bonded distributor" means any person holding a 6583
distributor's permit issued under either Section 27-55-7 or 6584
Section 27-55-507. 6585
(c) "Commission" means the Mississippi Commission on 6586
Environmental Quality. 6587
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(d) "Contamination" means the presence or discharge of 6588
regulated substances in or on the land or in the waters of the 6589
state. 6590
(e) "Department" means the Mississippi Department of 6591
Environmental Quality. 6592
(f) "Director" means the Executive Director of the 6593
Mississippi Department of Environmental Quality. 6594
(g) "Groundwater" means water located beneath the land 6595
surface located wholly or partially within the boundaries of the 6596
state. 6597
(h) "Motor fuels" means gasoline and aviation gasoline 6598
as defined in Section 27-55-5 and special fuel as defined in 6599
Section 27-55-505, except for those "motor fuels" used in electric 6600
power generating plants for the commercial production of 6601
electricity. 6602
(i) "Operator" means any person in control of, or 6603
having responsibility for, the daily operation of an underground 6604
storage tank. 6605
(j) "Owner of an underground storage tank" means: 6606
(i) In the case of an underground storage tank in 6607
use on November 8, 1984, or brought into use after that date, any 6608
person who owns an underground storage tank used for the storage, 6609
use or dispensing of regulated substances; and 6610
(ii) In the case of an underground storage tank in 6611
use before November 8, 1984, but no longer in use on that date, 6612
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any person who owned such tank immediately before the 6613
discontinuation of its use. 6614
(k) "Person" means an individual, trust, firm, 6615
joint-stock company, federal agency, corporation, state 6616
municipality, commission, political subdivision of a state, any 6617
interstate body, a consortium, a joint venture, a commercial 6618
entity or the United States government. 6619
(l) "Regulated substance" means: 6620
(i) Any substance defined in Section 101(14) of 6621
the Comprehensive Environmental Response, Compensation and 6622
Liability Act of 1980, Public Law No. 96-510, as amended and 6623
extended (but not including any substance regulated as a hazardous 6624
waste under Section 17-17-1 et seq., Mississippi Code of 1972); 6625
and 6626
(ii) Petroleum, including crude oil or any 6627
fraction thereof, which is liquid at standard conditions of 6628
temperature and pressure (sixty (60) degrees Fahrenheit and 6629
fourteen and seven-tenths (14-7/10) pounds per square inch 6630
absolute). 6631
(m) "Release" means any spilling, leaking, emitting, 6632
discharging, escaping, leaching or disposing from an underground 6633
storage tank into groundwater, surface water or subsurface soils. 6634
(n) "Response action" means any activity, including 6635
evaluation, planning, design, engineering, construction and 6636
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ancillary services, which is carried out in response to any 6637
discharge, release or threatened release of motor fuels. 6638
(o) "Response action contractor" means a person who has 6639
been approved by the commission and is carrying out any response 6640
action, including a person retained or hired by such person to 6641
provide services relating to a response action. 6642
(p) "Retailer" means any person other than a bonded 6643
distributor who sells motor fuel as defined in this section. 6644
(q) "Substantial compliance" means that an owner or 6645
operator of an underground storage tank has registered that tank 6646
with the department, and has made a good-faith effort to comply 6647
with the law; and the rules and regulations adopted pursuant 6648
thereto. 6649
(r) "Third-party claim" means any civil action brought 6650
or asserted by any person against any owner of any underground 6651
storage tank for damages to person or property which damages are 6652
the direct result of a release of motor fuels from an underground 6653
storage tank. 6654
(s) "Underground storage tank" means any one (1) or 6655
combination of containers including tanks, vessels, enclosures or 6656
structures together with appurtenances thereto used to contain an 6657
accumulation of regulated substances, and the volume of which, 6658
including the volume of the underground pipes connected thereto, 6659
is ten percent (10%) or more beneath the surface of the ground. 6660
Such term does not include any: 6661
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(i) Farm or residential tanks of one thousand one 6662
hundred (1,100) gallons or less capacity used for storing motor 6663
fuel for noncommercial purposes; 6664
(ii) Tanks used for storing heating oil for 6665
consumptive use on the premises where stored; 6666
(iii) Septic tanks; 6667
(iv) Pipeline facilities (including gathering 6668
lines regulated under: 6669
1. The Natural Gas Pipeline Safety Act of 6670
1968, Public Law No. 90-481, 49 USCS 1671-1684, as amended and 6671
extended, 6672
2. The Hazardous Liquid Pipeline Safety Act 6673
of 1979, Public Law No. 96-129, 49 USCS 2001 et seq., as amended 6674
and extended, or 6675
3. An intrastate pipeline facility regulated 6676
under state laws comparable to the provisions of law in Clause 1 6677
or 2 of this subparagraph); 6678
(v) Surface impoundments, pits, ponds or lagoons; 6679
(vi) Storm water or wastewater collection systems; 6680
(vii) Flow-through process tanks; 6681
(viii) Liquid traps or associated gathering lines 6682
directly related to oil or gas production and gathering operation; 6683
(ix) Storage tanks situated in an underground area 6684
such as a basement, cellar, mine working, drift, shaft or tunnel 6685
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if the storage tank is situated upon or above the surface of the 6686
floor; 6687
(x) Other tanks exempted by the Administrator of 6688
the federal Environmental Protection Agency; and 6689
(xi) Piping connected to any of the above 6690
exemptions. 6691
(t) "User" means any person who purchases or acquires 6692
motor fuels as defined in this section for consumption. 6693
SECTION 66. Section 49-17-703, Mississippi Code of 1972, is 6694
brought forward as follows: 6695
49-17-703. In the spirit of the report of the Governor's 6696
Commission on Recovery, Rebuilding and Renewal, the Legislature 6697
finds that there is a need for consolidation of water, wastewater 6698
and storm water services in order to reduce costs, promote 6699
resilience in the event of a disaster, improve the quality of the 6700
natural environment, and improve the planning and delivery of 6701
quality water, wastewater and storm water services within the 6702
areas of the Counties of George, Hancock, Harrison, Jackson, Pearl 6703
River and Stone. It is further declared that there is the need 6704
for the planning, acquisition, construction, maintenance, 6705
operation and coordination of water, wastewater and storm water 6706
services in order to ensure protection of the waters of the state 6707
and to ensure the delivery of water, wastewater and storm water 6708
services to citizens of the Gulf Coast Region. The creation of 6709
the Mississippi Gulf Coast Region Utility Act is determined to be 6710
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necessary and essential to the accomplishment of these purposes. 6711
To facilitate the purposes of the act, the Gulf Coast Region 6712
Utility Board, the George County Utility Authority, the Hancock 6713
County Utility Authority, the Harrison County Utility Authority, 6714
the Jackson County Utility Authority, the Pearl River County 6715
Utility Authority and the Stone County Utility Authority are 6716
created herein. 6717
SECTION 67. Section 49-17-705, Mississippi Code of 1972, is 6718
brought forward as follows: 6719
49-17-705. Words and phrases used in this act shall have 6720
meanings as follows: 6721
(a) "Act" means the Mississippi Gulf Coast Region 6722
Utility Act. 6723
(b) "Bonds" mean interim notes having a maturity of 6724
three (3) years or less, revenue bonds and other certificates of 6725
indebtedness of the authority issued under the provisions of this 6726
act. 6727
(c) "County authority" means a county utility authority 6728
created in the Gulf Coast Region under this act. 6729
(d) "Fiscal year" means the period of time beginning on 6730
October 1 of each year and ending on September 30 of each year. 6731
(e) "Gulf Coast Region" means the areas encompassed by 6732
the Counties of George, Hancock, Harrison, Jackson, Pearl River 6733
and Stone. 6734
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(f) "Municipality" means any incorporated city, town or 6735
village of the State of Mississippi, whether operating under 6736
general law or under special charter, lying wholly or partly 6737
within the Gulf Coast Region. 6738
(g) "Person" means the State of Mississippi, a county, 6739
a municipality, any public agency, or any other city, town, 6740
village or political subdivision or governmental agency, 6741
governmental instrumentality of the State of Mississippi or of the 6742
United States of America, or any private utility, individual, 6743
co-partnership, association, firm, trust, estate or any other 6744
entity whatsoever. 6745
(h) "Project" means the construction, development or 6746
acquisition by the county authority or county authorities of any 6747
infrastructure for water, wastewater and storm water systems or 6748
services and includes upgrading or repair of existing systems. 6749
(i) "Public agency" means any county, municipality, 6750
state board or commission owning or operating properties, district 6751
created pursuant to the general laws or local and private laws of 6752
the State of Mississippi, or other political subdivision of the 6753
State of Mississippi having the power to own and operate 6754
waterworks, water supply systems, sewerage systems, sewage 6755
treatment systems or other facilities or systems for the 6756
collection, transportation and treatment of water, wastewater and 6757
storm water. 6758
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(j) "Storm water" means any flow occurring during or 6759
following any form of natural precipitation and resulting from 6760
that precipitation. 6761
(k) "System" or "systems" means any plants, structures, 6762
facilities and other real and personal property, used or useful in 6763
the generation, storage, transportation or supply of water, and 6764
the collection, transportation, treatment or disposal of 6765
wastewater and storm water, including, but not limited to, tanks, 6766
lakes, streams, ponds, pipes, trunk lines, mains, sewers, 6767
conduits, pipelines, pumping and ventilating stations, plants and 6768
works, connections and any other real and personal property and 6769
rights therein necessary, useful or convenient for the purposes of 6770
the utility board or authorities in connection therewith. 6771
(l) "Wastewater" means water being disposed of by any 6772
person and which is contaminated with waste or sewage, including 6773
industrial, municipal and any other wastewater that may cause 6774
impairment of the quality of the waters in the state. 6775
(m) "Water" means potable water, service water and 6776
groundwater. 6777
(n) "Utility board" means the Mississippi Gulf Coast 6778
Region Utility Board. 6779
SECTION 68. Section 49-17-739, Mississippi Code of 1972, is 6780
brought forward as follows: 6781
49-17-739. The purpose of Sections 49-17-739 through 6782
49-17-773 is to confer certain powers on the county authorities 6783
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for the purpose of cooperating with federal, state and local 6784
public agencies for the further development of local and regional 6785
water, wastewater and storm water services within the Gulf Coast 6786
Region. In addition to the powers over water, wastewater and 6787
storm water, the Harrison County Utility Authority is granted 6788
power over solid waste within its jurisdiction. 6789
SECTION 69. Section 49-17-743, Mississippi Code of 1972, is 6790
brought forward as follows: 6791
49-17-743. From and after April 18, 2006, each and every 6792
county authority shall have, in addition to any other powers 6793
granted under any other provision of law, including, but not 6794
limited to, the following: 6795
(a) To acquire, construct, improve, enlarge, extend, 6796
repair, operate and maintain one or more of its systems used for 6797
the collection, transportation, treatment and disposal of water, 6798
wastewater and storm water; 6799
(b) To make contracts with any person in furtherance 6800
thereof; and to make contracts with any person, under the terms of 6801
which the county authority will collect, transport, treat or 6802
dispose of water, wastewater and storm water for such person; 6803
(c) To make contracts with any person to design and 6804
construct any water, wastewater and storm water systems or 6805
facilities, and thereafter to purchase, lease or sell, by 6806
installments over such terms as may be deemed desirable, 6807
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reasonable and necessary, or otherwise, any such system or 6808
systems; 6809
(d) To enter into operating agreements with any person, 6810
for such terms and upon such conditions as may be deemed 6811
desirable, for the operation of any water, wastewater and storm 6812
water systems; and the county authority may lease to or from any 6813
person, for such term and upon such conditions as may be deemed 6814
desirable, any water, wastewater and storm water collection, 6815
transportation, treatment or its other facilities or systems. Any 6816
such contract may contain provisions requiring any public agency 6817
or other person to regulate the quality and strength of materials 6818
to be handled by the respective system or systems and also may 6819
provide that the county authority shall have the right to use any 6820
streets, alleys and public ways and places within the jurisdiction 6821
of a public agency or other person during the term of the 6822
contract; 6823
(e) To enter into contracts with any person or any 6824
public agency, including, but not limited to, contracts authorized 6825
by this act, in furtherance of any of the purposes authorized 6826
under this act upon such consideration as the board of directors 6827
and such person may agree. Any such contract may extend over any 6828
period of time, notwithstanding any provision or rule of law to 6829
the contrary; may be upon such terms and for such consideration, 6830
nominal or otherwise, as the parties thereto shall agree; and may 6831
provide that it shall continue in effect until bonds specified 6832
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therein, refunding bonds issued in lieu of such bonds, and all 6833
other obligations specified therein are paid or terminated. Any 6834
such contract shall be binding upon the parties thereto according 6835
to its terms; 6836
(f) To adopt an official seal and alter the same at 6837
pleasure; 6838
(g) To sue and be sued, in its own name, and to enjoy 6839
all of the protections, immunities and benefits provided by the 6840
Mississippi Tort Claims Act, as it may be amended or supplemented 6841
from time to time; 6842
(h) To maintain office space at such place or places 6843
within the county authority boundaries as it may determine; 6844
(i) To invest money of the county authority, including 6845
proceeds from the sale of any bonds subject to any agreements with 6846
bondholders, on such terms and in such manner as the county 6847
authority deems proper; 6848
(j) To require the necessary relocation or rerouting of 6849
roads and highways, railroad, telephone and telegraph lines, and 6850
properties, electric power lines, gas pipelines and related 6851
facilities, or to require the anchoring or other protection of any 6852
of these, provided fair compensation is first paid to the owners 6853
or an agreement with such owners regarding the payment of the cost 6854
of such relocation, and to acquire easements or rights-of-way for 6855
such relocation or rerouting and to convey the same to the owners 6856
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of the property being relocated or rerouted in connection with the 6857
purposes of this act; 6858
(k) To acquire, construct, improve or modify, to 6859
operate or cause to be operated and maintained, either as owner of 6860
all or of any part in common with others, any water, wastewater or 6861
storm water system within the county authority's service area. 6862
The county authority may pay all or part of the cost of any system 6863
from any contribution by persons, firms, public agencies or 6864
corporations. The county authority may receive, accept and use 6865
all funds, public or private, and pay all costs of the 6866
development, implementation and maintenance as may be determined 6867
as necessary for any project; 6868
(l) To acquire, in its own name, by purchase on any 6869
terms and conditions and in any manner as it may deem proper, 6870
including by eminent domain, property for public use, or by gift, 6871
grant, lease, or otherwise, real property or easements therein, 6872
franchises and personal property necessary or convenient for its 6873
corporate purposes; 6874
(m) To acquire insurance for the county authority's 6875
systems, facilities, buildings, treatment plants and all property, 6876
real or personal, to insure against all risks as any insurance 6877
may, from time to time, be available; 6878
(n) To use any property and rent or lease any property 6879
to or from others, including public agencies, or make contracts 6880
for the use of the property. The county authority may sell, 6881
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lease, exchange, transfer, assign, pledge, mortgage or grant a 6882
security interest for any property. The powers to acquire, use 6883
and dispose of property as set forth in this paragraph shall 6884
include the power to acquire, use and dispose of any interest in 6885
that property, whether divided or undivided. Title to any 6886
property of the county authority shall be held by the county 6887
authority exclusively for the benefit of the public; 6888
(o) To apply, contract for, accept, receive and 6889
administer gifts, grants, appropriations and donations of money, 6890
materials and property of any kind, including loans and grants 6891
from the United States, the state, a unit of local government, or 6892
any agency, department, district or instrumentality of any of the 6893
foregoing, upon any terms and conditions as the United States, the 6894
state, a unit of local government, or any agency, department, 6895
district or instrumentality shall impose. The county authority 6896
may administer trusts. The county authority may sell, lease, 6897
transfer, convey, appropriate and pledge any and all of its 6898
property and assets; 6899
(p) To make and enforce, and from time to time amend 6900
and repeal, bylaws, rules, ordinances and regulations for the 6901
management of its business and affairs and for the construction, 6902
use, maintenance and operation of any of the systems under its 6903
management and control; 6904
(q) To employ and terminate staff and other personnel, 6905
including attorneys, engineers and consultants as may be necessary 6906
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to the functioning of the county authority. The board of 6907
directors, in its discretion, may employ an executive director 6908
having the authority to employ and fire employees and other duties 6909
as determined by the board; 6910
(r) To establish and maintain rates, fees and any other 6911
charges for services and the use of systems and facilities within 6912
the control of the county authority, and from time to time, to 6913
adjust such rates, fees and any other charges to the end that the 6914
revenues therefrom will be sufficient at all times to pay the 6915
expenses of operating and maintaining of the facilities and 6916
treatment systems and all of the persons' obligations under any 6917
contract or bonds resolution with respect thereto or any 6918
obligation of any person under any agreement, contract, indenture 6919
or bonds resolution with respect thereto. Such rates, fees, 6920
assessments and any other charges shall not be subject to the 6921
jurisdiction of the Mississippi Public Service Commission; 6922
(s) To adopt rules and regulations necessary to 6923
accomplish the purposes of the county authority and to assure the 6924
payment of each participating person or public agency of its 6925
proportionate share of the costs for use of any of the systems and 6926
facilities of the county authority and for the county authority's 6927
proportionate share of the costs of the utility board; 6928
(t) To enter on public or private lands, waters or 6929
premises for the purpose of making surveys, borings or soundings, 6930
or conducting tests, examinations or inspections for the purposes 6931
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of the authority, subject to responsibility for any damage done to 6932
property entered; 6933
(u) To accept industrial wastewater from within the 6934
boundaries of the county authority for treatment and to require 6935
the pretreatment of same when, in the opinion of the county 6936
authority, such pretreatment is necessary; 6937
(v) To control and operate local retail water, 6938
wastewater and storm water services, and may provide or be 6939
responsible for direct servicing of those services to residences, 6940
businesses and individuals; however, the county authority shall 6941
not provide the same services in an area provided by a public 6942
utility or person holding a certificate of public convenience and 6943
necessity issued by the Mississippi Public Service Commission for 6944
the provision of such services in the certificated area. Any 6945
rates, fees, assessments or other charges shall not be under the 6946
control or regulation of the Mississippi Public Service 6947
Commission; 6948
(w) To assume control and administer, within the county 6949
authority's jurisdiction, any water, wastewater or storm water 6950
system or systems by agreement or contract with any person if the 6951
person providing such services requests to be relieved of that 6952
responsibility. However, the person may maintain control over 6953
connections in their service areas and may charge rates, fees and 6954
any other charges in addition to the rates, fees and any charges 6955
of the county authority; 6956
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(x) The county authority shall have the power of 6957
eminent domain for the particular purpose of the acquisition of 6958
property designated by plan to sufficiently accommodate the 6959
location of water, wastewater or storm water systems and such 6960
requirements related directly thereto pursuant to the provisions 6961
of Chapter 27, Title 11, Mississippi Code of 1972. The county 6962
authority may acquire by eminent domain property necessary for any 6963
system and the exercise of the powers, rights and duties conferred 6964
upon the county authority by this act. No person owning the 6965
drilling rights or the right to share in production shall be 6966
prevented from exploring, developing or producing oil or gas with 6967
necessary rights-of-way for ingress and egress, pipelines and 6968
other means of transporting such interests on any lands or 6969
interest of the county authority held or used for the purposes of 6970
this act, but any such activities shall be subject to reasonable 6971
regulations by the board of directors that will adequately protect 6972
the systems or projects of the county authority; 6973
(y) To use any legally available funds to acquire, 6974
rebuild, operate and maintain any existing water, wastewater or 6975
storm water systems owned or operated by any person; 6976
(z) To refuse to receive water, wastewater or storm 6977
water from any public agency or person; and 6978
(aa) So long as any indebtedness on the systems of the 6979
county authority remains outstanding, to require by contract with 6980
a member public agency, or other person, that all water, 6981
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wastewater and storm water within the boundaries of the respective 6982
county authority be disposed of through the appropriate treatment 6983
system to the extent that the same may be available, but no public 6984
agency shall be precluded from constructing, operating and 6985
maintaining its own such system after the current indebtedness 6986
owing on the system as of April 18, 2006, is paid in full. 6987
SECTION 70. Section 49-17-747, Mississippi Code of 1972, is 6988
brought forward as follows: 6989
49-17-747. (1) Any public agency or person, pursuant to a 6990
duly adopted resolution of the governing body of such public 6991
agency or person, may enter into contracts with the county 6992
authority or county authorities under the terms of which the 6993
county authority will manage, operate and contract for usage of 6994
its systems and facilities, or other services, for such person or 6995
public agency. 6996
(2) Any public agency or person may enter into contracts 6997
with the county authority for the county authority to purchase or 6998
sell, by installments over such terms as may be deemed desirable, 6999
or otherwise, to any person or any systems. Any public agency may 7000
sell, donate, convey, or otherwise dispose of water, wastewater 7001
and storm water facilities or systems; or any equipment, personal 7002
property or any other things, deemed necessary for the 7003
construction, operation, and maintenance to the county authority 7004
without the necessity of appraisal, advertising, or bidding. This 7005
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section creates an alternative method of disposal of public 7006
property. 7007
(3) Any public agency is authorized to enter into operating 7008
agreements with the county authority, for such terms and upon such 7009
conditions as may be deemed desirable, for the operation of any of 7010
its systems of any person by the county authority or by any person 7011
contracting with the county authority to operate such systems. 7012
(4) Any public agency may lease to or from the county 7013
authority, for such term and upon such conditions as may be deemed 7014
desirable, any of its systems. 7015
(5) Any municipality or county may donate office space, 7016
equipment, supplies and materials to the authority. 7017
(6) Any such contract may contain provisions requiring any 7018
public agency or other person to regulate the quality and strength 7019
of the material to be handled by the wastewater or storm water 7020
systems and may also provide that the county authority shall have 7021
the right to use any streets, alleys and public ways and places 7022
within the jurisdiction of a public agency or other person during 7023
the term of the contract. Such contracts may obligate the public 7024
agency to make payments to the county authority or to a trustee in 7025
amounts which shall be sufficient to enable the county authority 7026
to defray the expenses of administering, operating and maintaining 7027
its respective systems, to pay interest and principal (whether at 7028
maturity upon redemption or otherwise) on bonds of the county 7029
authority, issued under this act and to fund reserves for debt 7030
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service, for operation and maintenance and for renewals and 7031
replacements, to fulfill the requirements of any rate covenant 7032
with respect to debt service coverage contained in any resolution, 7033
trust indenture or other security agreement relating to the bonds 7034
of the county authority issued under this act or to fulfill any 7035
other requirement relating to bonds issued pursuant to this act. 7036
(7) Any public agency shall have the power to enter into 7037
such contracts with the county authority as in the discretion of 7038
the governing body of the public agency would be in the best 7039
interest of the public agency. Such contracts may include a 7040
pledge of the full faith and credit of such public agency and/or 7041
the avails of any special assessments made by such public agency 7042
against property receiving benefits, as now or hereafter are 7043
provided by law. Any such contract may provide for the sale, or 7044
lease to, or use of by the county authority, of the systems or any 7045
part thereof, of the public agency; and may provide that the 7046
county authority shall operate its systems or any part thereof of 7047
the public agency; and may provide that any public agency shall 7048
have the right to continued use and/or priority use of the systems 7049
or any part thereof during the useful life thereof upon payment of 7050
reasonable charges therefor; and may contain provisions to assure 7051
equitable treatment of persons or public agencies who contract 7052
with the county authority under this act; and may contain such 7053
other provisions and requirements as the parties thereto may 7054
determine to be appropriate or necessary. Such contracts may 7055
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extend over any period of time, notwithstanding any provisions of 7056
law to the contrary, and may extend beyond the life of the 7057
respective systems or any part thereof or the term of the bonds 7058
sold with respect to such facilities or improvements thereto. 7059
(8) The obligations of a public agency arising under the 7060
terms of any contract referred to in this act, whether or not 7061
payable solely from a pledge of revenues, shall not be included 7062
within the indebtedness limitations of the public agency for 7063
purposes of any constitutional or statutory limitation or 7064
provision. To the extent provided in such contract and to the 7065
extent such obligations of the public agency are payable wholly or 7066
in part from the revenues and other monies derived by the public 7067
agency from the operation of its systems or of its combined 7068
systems, or any part thereof, such obligations shall be treated as 7069
expenses of operating such systems. 7070
(9) Contracts referred to in this section may also provide 7071
for payments in the form of contributions to defray the cost of 7072
any purpose set forth in the contracts and as advances for the 7073
respective systems or any part thereof subject to repayment by the 7074
county authority. A public agency may make such contributions or 7075
advances from its general fund or surplus fund or from special 7076
assessments or from any monies legally available therefor. 7077
(10) Payments made, or to be made, to the county authority 7078
by a public agency or other person under a contract for any of its 7079
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treatment systems, or any part thereof, shall not be subject to 7080
approval or review by the Mississippi Public Service Commission. 7081
(11) Subject to the terms of a contract or contracts 7082
referred to in this act, the county authority is hereby authorized 7083
to do and perform any and all acts or things necessary, convenient 7084
or desirable to carry out the purposes of such contracts, 7085
including the fixing, charging, collecting, maintaining and 7086
revising of rates, fees and other charges for the services 7087
rendered to any user of any of the systems operated or maintained 7088
by the county authority, whether or not such systems are owned by 7089
the county authority. 7090
(12) No provision of this act shall be construed to prohibit 7091
any public agency, otherwise permitted by law to issue bonds, from 7092
issuing bonds in the manner provided by law for the construction, 7093
renovation, repair or development of any of the county authority's 7094
systems, or any part thereof, owned or operated by such public 7095
agency. 7096
SECTION 71. Section 49-17-751, Mississippi Code of 1972, is 7097
brought forward as follows: 7098
49-17-751. (1) Notwithstanding the provisions of Sections 7099
77-3-21 and 77-3-23, Mississippi Code of 1972, the certificate of 7100
public convenience and necessity held by any municipality, public 7101
agency, district, public utility or other person authorized by law 7102
to provide water, sewer and wastewater services may be cancelled 7103
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and its powers, duties and responsibilities transferred to the 7104
county authority in the manner provided by this section. 7105
(2) Any entity described in subsection (1) of this section 7106
desiring to have its certificate of public convenience and 7107
necessity cancelled and its powers, duties and responsibilities 7108
transferred to the county authority shall make a determination to 7109
that effect on its official minutes if a public entity, or by 7110
affidavit if not a public entity, and transmit such determination 7111
to the county authority. 7112
(3) Upon receipt of the document evidencing such 7113
determination from an entity to transfer its powers, duties and 7114
responsibilities to the county authority, the county authority 7115
shall, by resolution, declare whether it is willing and able to 7116
accept such transfer from the entity. 7117
(4) Upon completion of the requirements of subsections (2) 7118
and (3) herein and agreement by both parties to the transfer, the 7119
holder of the certificate of public convenience and necessity and 7120
the county authority shall jointly petition the Public Service 7121
Commission to cancel the certificate of public convenience and 7122
necessity. The petition must be accompanied by copies of the 7123
official minutes, affidavit or resolution, as the case may be, 7124
reflecting the actions of the petitioners. After review of the 7125
petition and any other evidence as the Public Service Commission 7126
deems necessary, the commission may issue an order cancelling the 7127
certificate and transferring to the county authority the powers, 7128
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duties and responsibilities granted by the certificate, including 7129
all assets and debts of the transferor petitioner related to such 7130
certificated services, real or personal, or both, if it finds 7131
that: 7132
(a) Subsections (2) and (3) of this section have been 7133
complied with; and 7134
(b) Such action is in the public interest. 7135
(5) The county authority and providers of water, sewer, 7136
wastewater and storm water services that are not holders of a 7137
certificate of a public convenience and necessity from the Public 7138
Service Commission may enter into agreements for the provision of 7139
such services, including, but not limited to, the transfer to the 7140
county authority of such provider's powers, duties, 7141
responsibilities, assets and debts. 7142
SECTION 72. Section 49-17-753, Mississippi Code of 1972, is 7143
brought forward as follows: 7144
49-17-753. (1) Any system of a municipality, public agency 7145
or person that becomes subject to the jurisdiction of a county 7146
authority and this act shall not impair, invalidate or abrogate 7147
any liens, bonds or other certificates of indebtedness related to 7148
water, storm water or wastewater facilities and systems incurred 7149
prior to becoming subject to the jurisdiction of the county 7150
authority. 7151
(2) The county authority may do and perform any and all acts 7152
necessary, convenient or desirable to ensure the payment, 7153
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redemption or satisfaction of such liens, bonds or other 7154
certificates of indebtedness. 7155
SECTION 73. Section 49-19-35, Mississippi Code of 1972, is 7156
brought forward as follows: 7157
49-19-35. As used in this section: 7158
(a) "Biomass" means bioenergy feedstocks from forest 7159
products manufacturing, including, without limitation: 7160
(i) Forest products manufacturing residuals, 7161
including, without limitation: 7162
1. Pulping liquors; 7163
2. Pulping byproducts; 7164
3. Woody manufacturing residuals; 7165
4. Paper recycling residuals; 7166
5. Wastewater and processed water treatment 7167
plant residuals; and 7168
6. Anaerobic digester biogas; 7169
(ii) Harvest residues, including, without 7170
limitation, trees or portions of harvested trees; 7171
(iii) Downed wood from extreme weather events or 7172
natural disasters; 7173
(iv) Nonhazardous landscape or right-of-way 7174
trimmings and municipal trimmings; 7175
(v) Plant material removed for purposes of 7176
invasive or noxious plant species control; 7177
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(vi) Biowaste, including, without limitation, 7178
landfill gas; 7179
(vii) Forest biomass derived from residues created 7180
as a byproduct of timber harvesting; 7181
(viii) Forest management activities conducted for 7182
timber stand improvement or to increase yield, ecological 7183
restoration or to maintain or enhance forest health; 7184
(ix) Biomass materials described by the United 7185
States Environmental Protection Agency as fuels under 40 CFR 7186
Statute 241.1 et seq., as it existed on January 1, 2023; and 7187
(x) Other used wood products, including, without 7188
limitation, crates and pallets. 7189
(b) "Bioenergy with carbon capture and storage" means 7190
the process of capturing and permanently storing carbon dioxide 7191
from biomass energy generation. 7192
SECTION 74. Section 51-8-1, Mississippi Code of 1972, is 7193
brought forward as follows: 7194
51-8-1. (1) Any two (2) or more local governmental units, 7195
being defined herein to mean a county or municipality, may create 7196
a joint water management district in the manner set forth in this 7197
chapter. 7198
(2) If any local governmental unit is located within an 7199
existing water management district, then the local governmental 7200
unit shall petition the district to provide a service or function 7201
needed by the petitioning unit, provided the service or function 7202
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is one which the district has the power and authority to perform. 7203
Upon receipt of the petition, the existing district shall have 7204
ninety (90) days within which to respond affirmatively to the 7205
petition, setting forth its intent to meet the need or perform the 7206
service or function and its proposal or plan for meeting the need 7207
or performing the service or function. If the existing water 7208
district does not affirmatively respond in a timely fashion, then 7209
any two (2) or more local governmental units may create a joint 7210
water management district in the manner set forth in this chapter. 7211
(3) The joint water management district may include any 7212
geographic area within the boundaries of the interested 7213
governmental units. 7214
(4) A joint water management district may be created 7215
although adequate water supply, flood control, drainage or other 7216
water or wastewater management activities are being undertaken by 7217
one or more of the local governmental units interested in creating 7218
a joint water management district or by another corporate agency 7219
existing and operating within the geographical area of the joint 7220
water management district. The term "corporate agency," as used 7221
herein, means any agency or subdivision of the state or federal 7222
government, any body politic and corporate created under the laws 7223
of this state, any utility, or any public or private profit or 7224
nonprofit corporation. 7225
SECTION 75. Section 51-8-3, Mississippi Code of 1972, is 7226
brought forward as follows: 7227
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51-8-3. A joint water management district may be created for 7228
the purpose of establishing a water supply system, conserving 7229
water resources, developing additional water resources or any 7230
other water or wastewater management function not being performed 7231
by an existing water management district, except that such a 7232
district as described in Section 51-8-1 may not be created for the 7233
purpose of constructing, contracting for the construction of, or 7234
serving as a local sponsor for the construction of, any dam or 7235
other flood control facility or project, the primary purpose of 7236
which is to control flooding on any part of the Pearl River, 7237
Mississippi River, Yazoo River, Tombigbee River, Big Black River, 7238
Pearl River Pascagoula River, Tallahatchie River, Yalobusha River, 7239
Homochito River, Buffalo River, Leaf River, Coldwater River, 7240
Sunflower River, Little Sunflower River, Wolf River, Yockanookany 7241
River, Ofahoma River, Strong River, Bogue Chitto River, Amite 7242
River, Bayou Pierre River, Tangipahoa River, Noxubee River, 7243
Buttahatchee River, Chunky River, Biloxi River, Tippah River, 7244
Hatchie River, Jourdan River, Bowie River, Chickasawhay River and 7245
Escatawpa River. 7246
SECTION 76. Section 51-39-7, Mississippi Code of 1972, is 7247
brought forward as follows: 7248
51-39-7. (1) (a) Any single unit of local government or 7249
any combination of units of local government may create a 7250
district. 7251
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(b) If any unit of local government is located within 7252
an existing district, then the unit of local government shall 7253
petition the district to provide a service or function needed by 7254
the petitioning unit, if the service or function is one which the 7255
district has the power and authority to perform. Upon receipt of 7256
the petition, the district shall have ninety (90) days within 7257
which to respond affirmatively to the petition, setting forth its 7258
intent to meet the need or perform the service or function and its 7259
plan to meet the need or perform the service or function. If the 7260
existing district does not affirmatively respond in a timely 7261
fashion, then the petitioning unit of local government may form a 7262
district as provided in this chapter. 7263
(c) The district may include any geographic area within 7264
the boundaries of any interested unit of local government. 7265
(d) A district may be formed although adequate water 7266
supply, flood control, drainage or other water or wastewater 7267
management activities are being undertaken by one or more of the 7268
units of local government interested in creating a district or by 7269
another public agency existing and operating within the 7270
geographical area of the district. 7271
(2) Creation of a district shall be initiated by ordinance 7272
or resolution duly adopted by the governing body of each unit of 7273
local government. The ordinance or resolution shall state: (a) 7274
the necessity for the proposed district; (b) the primary function 7275
of the proposed district; (c) the geographic boundaries of the 7276
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proposed district within the jurisdiction of the unit of local 7277
government; (d) the names and geographic boundaries of any other 7278
units of local government proposing to be in the district; (e) the 7279
date upon which the governing body intends to create the district; 7280
(f) the estimated cost of projects to be conducted and maintained 7281
by the district; however the estimate shall not serve as a 7282
limitation upon the financing of any project or to invalidate any 7283
ordinance or resolution adopted under this section; (g) the name 7284
of a designated representative of the unit of local government to 7285
enter into an incorporation agreement with the other units of 7286
local government, if applicable; and (h) any other information 7287
reasonably necessary to inform the constituency of the unit of 7288
local government of the purpose and proposed obligations of the 7289
unit of local government and other units of local government, if 7290
applicable, proposing to create the district. 7291
(3) The governing body of the unit of local government may 7292
hold a public meeting or public hearing on the necessity for 7293
creation of the district. The governing body shall provide notice 7294
in the manner provided under Section 51-39-9 of any public meeting 7295
or public hearing. 7296
SECTION 77. Section 51-41-3, Mississippi Code of 1972, is 7297
amended as follows: 7298
51-41-3. As used in this chapter, unless the context 7299
otherwise requires: 7300
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(a) "Board" means the board of directors of the water 7301
authority. 7302
(b) "Bond" means any bond, promissory note, lease 7303
purchase agreement or other evidence of indebtedness of any nature 7304
along with all debt securing instruments of every nature related 7305
thereto. 7306
(c) "Indenture" means a mortgage, an indenture of 7307
mortgage, deed of trust, trust agreement, loan agreement, security 7308
agreement or trust indenture executed by the water authority as 7309
security for any bonds. 7310
(d) "Project" means any raw or potable water or 7311
wastewater intake, treatment, distribution, transmission, storage, 7312
pumping, well site, well field or other facility or system, or any 7313
combination of the foregoing, that has as its purpose the 7314
providing of raw or potable water to members of the public and 7315
commercial, industrial or other users or the treatment of 7316
wastewater, along with any and all other appurtenances, equipment, 7317
betterments or improvements related thereto. The above projects 7318
may include any lands, or interest in any lands, deemed by the 7319
board to be desirable in connection with the projects, and 7320
necessary equipment for the proper functioning and operation of 7321
the buildings or facilities involved. 7322
(e) "Qualified corporation" means a not-for-profit 7323
corporation or association, or a for-profit entity formed solely 7324
for the purpose of complying with a federal or state order, which 7325
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provides, distributes, transmits, treats, pumps or stores raw or 7326
potable water to or for the benefit of members of the general 7327
public and commercial, industrial and other users. 7328
(f) "United States" means the United States of America 7329
or any of its agencies or instrumentalities. 7330
(g) "State" means the State of Mississippi. 7331
(h) "Water authority" means that body politic and 7332
governmental entity organized under the provisions of this 7333
chapter. 7334
SECTION 78. Section 57-75-9, Mississippi Code of 1972, is 7335
brought forward as follows: 7336
57-75-9. (1) The authority is hereby designated and 7337
empowered to act on behalf of the state in submitting a siting 7338
proposal for any project eligible for assistance under this act. 7339
The authority is empowered to take all steps appropriate or 7340
necessary to effect the siting, development, and operation of the 7341
project within the state, including the negotiation of a 7342
fee-in-lieu. If the state is selected as the preferred site for 7343
the project, the authority is hereby designated and empowered to 7344
act on behalf of the state and to represent the state in the 7345
planning, financing, development, construction and operation of 7346
the project or any facility related to the project, with the 7347
concurrence of the affected public agency. The authority may take 7348
affirmative steps to coordinate fully all aspects of the 7349
submission of a siting proposal for the project and, if the state 7350
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is selected as the preferred site, to coordinate fully, with the 7351
concurrence of the affected public agency, the development of the 7352
project or any facility related to the project with private 7353
business, the United States government and other public agencies. 7354
All public agencies are encouraged to cooperate to the fullest 7355
extent possible to effectuate the duties of the authority; 7356
however, the development of the project or any facility related to 7357
the project by the authority may be done only with the concurrence 7358
of the affected public agency. 7359
(2) (a) Contracts, by the authority or a public agency, 7360
including, but not limited to, design and construction contracts, 7361
for the acquisition, purchase, construction or installation of a 7362
project defined in Section 57-75-5(f)(iv)1 or any facility related 7363
to the project shall be exempt from the provisions of Section 7364
31-7-13 if: 7365
(i) The authority finds and records such finding 7366
on its minutes, that because of availability or the particular 7367
nature of a project, it would not be in the public interest or 7368
would less effectively achieve the purposes of this chapter to 7369
enter into such contracts on the basis of Section 31-7-13; and 7370
(ii) The enterprise that is involved in the 7371
project concurs in such finding. 7372
(b) When the requirements of paragraph (a) of this 7373
subsection are met: 7374
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(i) The requirements of Section 31-7-13 shall not 7375
apply to such contracts; and 7376
(ii) The contracts may be entered into on the 7377
basis of negotiation. 7378
(c) The enterprise involved with the project may, upon 7379
approval of the authority, negotiate such contracts in the name of 7380
the authority. 7381
(d) The provisions of this subsection (2) shall not 7382
apply to contracts by the authority for excavation, fill dirt and 7383
compaction for the preparation of the site of a project as defined 7384
in Section 57-75-5(f)(iv)1 and such contracts may be entered into 7385
pursuant to subsection (3) of this section. 7386
(3) (a) Contracts by the authority for excavation, fill 7387
dirt and compaction for the preparation of the site of a project 7388
defined in Section 57-75-5(f)(iv)1 shall be exempt from the 7389
provisions of Section 31-7-13 and the following procedure shall be 7390
followed in the award of such contracts: 7391
(i) The authority shall advertise for a period of 7392
time to be set by the authority, but in no event less than one (1) 7393
business day, the date, time and place of a meeting with the 7394
authority to receive specifications on a request for proposals on 7395
excavation, fill dirt and compaction for the preparation of the 7396
site of the project defined in Section 57-75-5(f)(iv)1. 7397
(ii) The authority shall set the minimum 7398
qualifications necessary to be considered for award of the 7399
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contract and the advertisement shall set forth such minimum 7400
qualifications. 7401
(iii) Following the meeting the authority shall, 7402
in its discretion, select one or more of the qualified contractors 7403
with whom to negotiate or award the contract. The decision of the 7404
authority concerning the selection of the contractor shall be 7405
final. 7406
(b) Contracts by the authority or a public agency for 7407
site preparation, utilities, real estate improvements, wastewater 7408
or for public works for a project defined in Section 7409
57-75-5(f)(xxi) or Section 57-75-5(f)(xxii) shall be exempt from 7410
the provisions of Section 31-7-13 and the following procedure 7411
shall be followed in the award of such contracts: 7412
(i) The authority or the public agency shall 7413
advertise for a period of time to be set by the authority or the 7414
public agency, but in no event less than one (1) nor more than 7415
five (5) calendar days, the date, time and place of a meeting with 7416
the authority or the public agency to receive specifications on 7417
the preparation of the site of the project defined in Section 7418
57-75-5(f)(xxi) or Section 57-75-5(f)(xxii). 7419
(ii) The authority or the public agency shall set 7420
the minimum qualifications necessary to be considered for award of 7421
the contract and the advertisement shall set forth such minimum 7422
qualifications. 7423
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(iii) Following the meeting the authority or the 7424
public agency shall, in its discretion, select one or more of the 7425
qualified contractors with whom to negotiate or award the 7426
contract. The decision of the authority or the public agency 7427
concerning the selection of the contractor shall be final. 7428
(c) Contracts by a public agency for site preparation, 7429
utilities, real estate improvements, infrastructure, roads or for 7430
public works for a project defined in Section 57-75-5(f)(xxiii), 7431
Section 57-75-5(f)(xxix), Section 57-75-5(f)(xxx), Section 7432
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 7433
57-75-5(f)(xxxiii) may be exempt from the provisions of Section 7434
31-7-13 and the following procedure shall be followed in the award 7435
of contracts: 7436
(i) The public agency shall advertise for a period 7437
of time to be set by the public agency, but in no event less than 7438
one (1) nor more than five (5) calendar days, the date, time and 7439
place of a meeting with the public agency to receive 7440
specifications on site preparation, utilities, real estate 7441
improvements, infrastructure, roads or for public works related to 7442
the project defined in Section 57-75-5(f)(xxiii), Section 7443
57-75-5(f)(xxix), Section 57-75-5(f)(xxx), Section 7444
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 7445
57-75-5(f)(xxxiii). 7446
(ii) The public agency shall set the minimum 7447
qualifications necessary to be considered for award of the 7448
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contract and the advertisement shall set forth such minimum 7449
qualifications. 7450
(iii) Following the meeting the public agency 7451
shall, in its discretion, which discretion may include 7452
participation by an enterprise involved in the project, select one 7453
or more of the qualified contractors with whom to negotiate or 7454
award the contract. The decision of the public agency concerning 7455
selection of the contractor shall be final. 7456
(4) (a) Contracts, by the authority or a public agency, 7457
including, but not limited to, design and construction contracts, 7458
for the acquisition, purchase, construction or installation of a 7459
project defined in Section 57-75-5(f)(xxvi), Section 7460
57-75-5(f)(xxvii), Section 57-75-5(f)(xxviii), Section 7461
57-75-5(f)(xxix), Section 57-75-5(f)(xxx), Section 7462
57-75-5(f)(xxxi), Section 57-75-5(f)(xxxii) or Section 7463
57-75-5(f)(xxxiii), and any contracts by the authority or a public 7464
agency for site preparation, utilities, real estate improvements, 7465
infrastructure, roads or for other public facilities related to 7466
any such project shall be exempt from the provisions of Section 7467
31-7-13 if: 7468
(i) The authority finds and records such finding 7469
on its minutes, that because of availability or the particular 7470
nature of a project, it would not be in the public interest or 7471
would less effectively achieve the purposes of this chapter to 7472
enter into such contracts on the basis of Section 31-7-13; and 7473
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(ii) The enterprise that is involved in the 7474
project concurs in such finding. 7475
(b) When the requirements of paragraph (a) of this 7476
subsection are met: 7477
(i) The requirements of Section 31-7-13 shall not 7478
apply to such contracts; and 7479
(ii) The contracts may be entered into on the 7480
basis of negotiation with the authority or such public agency, and 7481
the authority or such public agency may, as part of such 7482
negotiations, further negotiate and require the level of 7483
participation by the enterprise involved in the project in the 7484
negotiation of such contracts. 7485
(c) Contracts by the authority or a public agency for 7486
site preparation, utilities, real estate improvements, 7487
infrastructure, roads or for other public facilities related to a 7488
project defined in Section 57-75-5(f)(xxxii), shall be exempt from 7489
the provisions of Section 65-1-85, and the authority or public 7490
agency is authorized to use any method for design and/or 7491
construction procurement and contracting. With respect to any 7492
such contract that is anticipated to be federally funded, in whole 7493
or in part, the authority or public agency may nonetheless comply 7494
with the provisions of Section 65-1-85 for purposes of compliance 7495
with any applicable federal funding requirements. 7496
(d) The decision of the authority or the public agency 7497
concerning selection of the contractor shall be final. 7498
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(e) The company shall make commercially reasonable 7499
efforts to place out for bid, such that Mississippi Contractors 7500
and Mississippi Disadvantaged Business Enterprises ("DBEs") shall 7501
have an equal opportunity to respond to such bid, any contract by 7502
the company which (i) is subject to tax pursuant to Mississippi 7503
Code Section 27-65-21 (i.e., contracts for constructing, building, 7504
erecting, grading, excavating, etc.), and (ii) will be paid, or 7505
payment thereunder by the company will be reimbursed, using any 7506
portion of the grant proceeds or funds provided by the authority 7507
to the company in accordance with this agreement. In carrying out 7508
such efforts, in order to increase the pool of qualified DBE 7509
bidders, the company will request that successful prime contract 7510
bidders include in their response a commitment to (a) participate 7511
in and/or host forums that highlight subcontract bidding 7512
opportunities for DBEs; and (b) work with various trade 7513
associations and the Mississippi Development Authority to promote 7514
increased participation from DBEs. With respect to awarding any 7515
contract placed out for bid, the company shall be allowed to award 7516
such contract in the company's sole discretion (e.g., based upon 7517
optimization of quality, cost and efficiency or on any other basis 7518
as the company may see fit). MDA agrees that it will offer to 7519
eligible contractor DBEs that have an opportunity to work on the 7520
project assistance through its Minority Surety Bond Guaranty 7521
Program. 7522
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(5) The Department of Employment Security is authorized to 7523
provide to the authority any information received, obtained or 7524
produced, or findings or determinations made thereby, with respect 7525
to any jobs created or maintained for a project that has been 7526
certified by the authority as a project as defined in Section 7527
57-75-5(f). 7528
SECTION 79. Section 57-75-11, Mississippi Code of 1972, is 7529
brought forward as follows: 7530
57-75-11. The authority, in addition to any and all powers 7531
now or hereafter granted to it, is empowered and shall exercise 7532
discretion and the use of these powers depending on the 7533
circumstances of the project or projects: 7534
(a) To maintain an office at a place or places within 7535
the state. 7536
(b) To employ or contract with architects, engineers, 7537
attorneys, accountants, construction and financial experts and 7538
such other advisors, consultants and agents as may be necessary in 7539
its judgment and to fix and pay their compensation. 7540
(c) To make such applications and enter into such 7541
contracts for financial assistance as may be appropriate under 7542
applicable federal or state law. 7543
(d) To apply for, accept and utilize grants, gifts and 7544
other funds or aid from any source for any purpose contemplated by 7545
the act, and to comply, subject to the provisions of this act, 7546
with the terms and conditions thereof. 7547
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(e) (i) To acquire by purchase, lease, gift, or in 7548
other manner, including quick-take eminent domain, or obtain 7549
options to acquire, and to own, maintain, use, operate and convey 7550
any and all property of any kind, real, personal, or mixed, or any 7551
interest or estate therein, within the project area, necessary for 7552
the project or any facility related to the project. The 7553
provisions of this paragraph that allow the acquisition of 7554
property by quick-take eminent domain shall be repealed by 7555
operation of law on July 1, 1994; and 7556
(ii) Notwithstanding any other provision of this 7557
paragraph (e), from and after November 6, 2000, to exercise the 7558
right of immediate possession pursuant to the provisions of 7559
Sections 11-27-81 through 11-27-89 for the purpose of acquiring 7560
land, property and/or rights-of-way in the county in which a 7561
project as defined in Section 57-75-5(f)(iv)1 is located, that are 7562
necessary for such project or any facility related to the project. 7563
(f) To acquire by purchase or lease any public lands 7564
and public property, including sixteenth section lands and lieu 7565
lands, within the project area, which are necessary for the 7566
project. Sixteenth section lands or lieu lands acquired under 7567
this act shall be deemed to be acquired for the purposes of 7568
industrial development thereon and such acquisition will serve a 7569
higher public interest in accordance with the purposes of this 7570
act. 7571
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(g) If the authority identifies any land owned by the 7572
state as being necessary, for the location or use of the project, 7573
or any facility related to the project, to recommend to the 7574
Legislature the conveyance of such land or any interest therein, 7575
as the Legislature deems appropriate. 7576
(h) To make or cause to be made such examinations and 7577
surveys as may be necessary to the planning, design, construction 7578
and operation of the project. 7579
(i) From and after the date of notification to the 7580
authority by the enterprise that the state has been finally 7581
selected as the site of the project, to acquire by condemnation 7582
and to own, maintain, use, operate and convey or otherwise dispose 7583
of any and all property of any kind, real, personal or mixed, or 7584
any interest or estate therein, within the project area, necessary 7585
for the project or any facility related to the project, with the 7586
concurrence of the affected public agency, and the exercise of the 7587
powers granted by this act, according to the procedures provided 7588
by Chapter 27, Title 11, Mississippi Code of 1972, except as 7589
modified by this act. 7590
(i) Except as otherwise provided in subparagraph 7591
(iii) of this paragraph (i), in acquiring lands by condemnation, 7592
the authority shall not acquire minerals or royalties in minerals 7593
unless a competent registered professional engineer shall have 7594
certified that the acquisition of such minerals and royalties in 7595
minerals is necessary for purposes of the project; provided that 7596
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limestone, clay, chalk, sand and gravel shall not be considered as 7597
minerals for the purposes of subparagraphs (i) and (ii) of this 7598
paragraph (i); 7599
(ii) Unless minerals or royalties in minerals have 7600
been acquired by condemnation or otherwise, no person or persons 7601
owning the drilling rights or the right to share in production of 7602
minerals shall be prevented from exploring, developing, or 7603
producing oil or gas with necessary rights-of-way for ingress and 7604
egress, pipelines and other means of transporting interests on any 7605
land or interest therein of the authority held or used for the 7606
purposes of this act; but any such activities shall be under such 7607
reasonable regulation by the authority as will adequately protect 7608
the project contemplated by this act as provided in paragraph (r) 7609
of this section; and 7610
(iii) In acquiring lands by condemnation, 7611
including the exercise of immediate possession, for a project, as 7612
defined in Section 57-75-5(f)(iv)1, the authority may acquire 7613
minerals or royalties in minerals. 7614
(j) To negotiate the necessary relocation or rerouting 7615
of roads and highways, railroad, telephone and telegraph lines and 7616
properties, electric power lines, pipelines and related 7617
facilities, or to require the anchoring or other protection of any 7618
of these, provided due compensation is paid to the owners thereof 7619
or agreement is had with such owners regarding the payment of the 7620
cost of such relocation, and to acquire by condemnation or 7621
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otherwise easements or rights-of-way for such relocation or 7622
rerouting and to convey the same to the owners of the facilities 7623
being relocated or rerouted in connection with the purposes of 7624
this act. 7625
(k) To negotiate the necessary relocation of graves and 7626
cemeteries and to pay all reasonable costs thereof. 7627
(l) To perform or have performed any and all acts and 7628
make all payments necessary to comply with all applicable federal 7629
laws, rules or regulations including, but not limited to, the 7630
Uniform Relocation Assistance and Real Property Acquisition 7631
Policies Act of 1970 (42 USCS 4601, 4602, 4621 to 4638, and 4651 7632
to 4655) and relocation rules and regulations promulgated by any 7633
agency or department of the federal government. 7634
(m) To construct, extend, improve, maintain, and 7635
reconstruct, to cause to be constructed, extended, improved, 7636
maintained, and reconstructed, and to use and operate any and all 7637
components of the project or any facility related to the project, 7638
with the concurrence of the affected public agency, within the 7639
project area, necessary to the project and to the exercise of such 7640
powers, rights, and privileges granted the authority. 7641
(n) To incur or defray any designated portion of the 7642
cost of any component of the project or any facility related to 7643
the project acquired or constructed by any public agency. 7644
(o) (i) To lease, sell or convey any or all property 7645
acquired by the authority under the provisions of this act to the 7646
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enterprise, its successors or assigns, and/or any entity for 7647
purposes in furtherance of economic development as determined by 7648
the authority, and in connection therewith to pay the costs of 7649
title search, perfection of title, title insurance and recording 7650
fees as may be required. The authority may provide in the 7651
instrument conveying such property a provision that such property 7652
shall revert to the authority if, as and when the property is 7653
declared by the transferee to be no longer needed. 7654
(ii) To lease, sell, transfer or convey on any 7655
terms agreed upon by the authority any or all real and personal 7656
property, improvements, leases, funds and contractual obligations 7657
of a project as defined in Section 57-75-5(f)(vi) and conveyed to 7658
the State of Mississippi by a Quitclaim Deed from the United 7659
States of America dated February 23, 1996, filed of record at 7660
pages 511 to 524, Deed Book Number B179, Chancery Clerk's Office, 7661
Tishomingo County, Mississippi, to any governmental authority 7662
located within the geographic boundaries of the county wherein 7663
such project exists upon agreement of such governmental authority 7664
to undertake and assume from the State of Mississippi all 7665
obligations and responsibilities in connection with ownership and 7666
operation of the project. Property leased, sold, transferred or 7667
otherwise conveyed by the authority under this paragraph (o) shall 7668
be used only for economic development purposes. 7669
(p) To enter into contracts with any person or public 7670
agency, including, but not limited to, contracts authorized by 7671
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Section 57-75-17, in furtherance of any of the purposes authorized 7672
by this act upon such consideration as the authority and such 7673
person or public agency may agree. Any such contract may extend 7674
over any period of time, notwithstanding any rule of law to the 7675
contrary, may be upon such terms as the parties thereto shall 7676
agree, and may provide that it shall continue in effect until 7677
bonds specified therein, refunding bonds issued in lieu of such 7678
bonds, and all other obligations specified therein are paid or 7679
terminated. Any such contract shall be binding upon the parties 7680
thereto according to its terms. Such contracts may include an 7681
agreement to reimburse the enterprise, its successors and assigns 7682
for any assistance provided by the enterprise in the acquisition 7683
of real property for the project or any facility related to the 7684
project. 7685
(q) To establish and maintain reasonable rates and 7686
charges for the use of any facility within the project area owned 7687
or operated by the authority, and from time to time, to adjust 7688
such rates and to impose penalties for failure to pay such rates 7689
and charges when due. 7690
(r) To adopt and enforce with the concurrence of the 7691
affected public agency all necessary and reasonable rules and 7692
regulations to carry out and effectuate the implementation of the 7693
project and any land use plan or zoning classification adopted for 7694
the project area, including, but not limited to, rules, 7695
regulations, and restrictions concerning mining, construction, 7696
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excavation or any other activity the occurrence of which may 7697
endanger the structure or operation of the project. Such rules 7698
may be enforced within the project area and without the project 7699
area as necessary to protect the structure and operation of the 7700
project. The authority is authorized to plan or replan, zone or 7701
rezone, and make exceptions to any regulations, whether local or 7702
state, with the concurrence of the affected public agency which 7703
are inconsistent with the design, planning, construction or 7704
operation of the project and facilities related to the project. 7705
(s) To plan, design, coordinate and implement measures 7706
and programs to mitigate impacts on the natural environment caused 7707
by the project or any facility related to the project. 7708
(t) To develop plans for technology transfer activities 7709
to ensure private sector conduits for exchange of information, 7710
technology and expertise related to the project to generate 7711
opportunities for commercial development within the state. 7712
(u) To consult with the State Department of Education 7713
and other public agencies for the purpose of improving public 7714
schools and curricula within the project area. 7715
(v) To consult with the State Board of Health and other 7716
public agencies for the purpose of improving medical centers, 7717
hospitals and public health centers in order to provide 7718
appropriate health care facilities within the project area. 7719
(w) To consult with the Office of Minority Business 7720
Enterprise Development and other public agencies for the purpose 7721
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of developing plans for technical assistance and loan programs to 7722
maximize the economic impact related to the project for minority 7723
business enterprises within the State of Mississippi. 7724
(x) To deposit into the "Yellow Creek Project Area 7725
Fund" created pursuant to Section 57-75-31: 7726
(i) Any funds or aid received as authorized in 7727
this section for the project described in Section 57-75-5(f)(vi), 7728
and 7729
(ii) Any funds received from the sale or lease of 7730
property from the project described in Section 57-75-5(f)(vi) 7731
pursuant to the powers exercised under this section. 7732
(y) To manage and develop the project described in 7733
Section 57-75-5(f)(vi). 7734
(z) To promulgate rules and regulations necessary to 7735
effectuate the purposes of this act. 7736
(aa) To negotiate a fee-in-lieu with the owners of the 7737
project. 7738
(bb) To enter into contractual agreements to warrant 7739
any site work for a project defined in Section 57-75-5(f)(iv)1; 7740
provided, however, that the aggregate amount of such warranties 7741
shall not exceed Fifteen Million Dollars ($15,000,000.00). 7742
(cc) To provide grant funds to an enterprise operating 7743
a project defined in Section 57-75-5(f)(iv)1 in an amount not to 7744
exceed Thirty-nine Million Dollars ($39,000,000.00). 7745
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(dd) (i) To own surface water transmission lines 7746
constructed with the proceeds of bonds issued pursuant to this act 7747
and in connection therewith to purchase and provide water to any 7748
project defined in Section 57-75-5(f)(iv) and to certificated 7749
water providers; and 7750
(ii) To lease such surface water transmission 7751
lines to a public agency or public utility to provide water to 7752
such project and to certificated water providers. 7753
(ee) To provide grant funds to an enterprise operating 7754
a project defined in Section 57-75-5(f)(v) or, in connection with 7755
a facility related to such a project, for job training, recruiting 7756
and infrastructure. 7757
(ff) To enter into negotiations with persons proposing 7758
projects defined in Section 57-75-5(f)(xi) and execute acquisition 7759
options and conduct planning, design and environmental impact 7760
studies with regard to such project. 7761
(gg) To establish such guidelines, rules and 7762
regulations as the authority may deem necessary and appropriate 7763
from time to time in its sole discretion, to promote the purposes 7764
of this act. 7765
(hh) In connection with projects defined in Section 7766
57-75-5(f)(ii): 7767
(i) To provide grant funds or loans to a public 7768
agency or an enterprise owning, leasing or operating a project 7769
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defined in Section 57-75-5(f)(ii) in amounts not to exceed the 7770
amount authorized in Section 57-75-15(3)(b); 7771
(ii) To supervise the use of all such grant funds 7772
or loans; and 7773
(iii) To requisition money in the Mississippi 7774
Major Economic Impact Authority Revolving Loan Fund in connection 7775
with such loans. 7776
(ii) In connection with projects defined under Section 7777
57-75-5(f)(xiv): 7778
(i) To provide grant funds or loans to an 7779
enterprise owning, leasing or operating a project defined in 7780
Section 57-75-5(f)(xiv); however, the aggregate amount of any such 7781
loans under this paragraph (ii) shall not exceed Eighteen Million 7782
Dollars ($18,000,000.00) and the aggregate amount of any such 7783
grants under this paragraph (ii) shall not exceed Six Million 7784
Dollars ($6,000,000.00); 7785
(ii) To supervise the use of all such grant funds 7786
or loans; and 7787
(iii) Notwithstanding any provision of this act to 7788
the contrary, such loans shall be for a term not to exceed twenty 7789
(20) years as may be determined by the authority, shall bear 7790
interest at such rates as may be determined by the authority, 7791
shall, in the sole discretion of the authority, be secured in an 7792
amount and a manner as may be determined by the authority. 7793
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(jj) In connection with projects defined under Section 7794
57-75-5(f)(xviii): 7795
(i) To provide grant funds of Twenty-five Million 7796
Dollars ($25,000,000.00) to an enterprise owning or operating a 7797
project defined in Section 57-75-5(f)(xviii) to be used for real 7798
estate improvements and which may be disbursed as determined by 7799
the authority; 7800
(ii) To provide loans to an enterprise owning or 7801
operating a project defined in Section 57-75-5(f)(xviii) or make 7802
payments to a lender providing financing to the enterprise; 7803
subject to the following provisions: 7804
1. Not more than Ten Million Dollars 7805
($10,000,000.00) may be loaned to such an enterprise for the 7806
purpose of defraying costs incurred by the enterprise for site 7807
preparation and real property improvements during the construction 7808
of the project in excess of budgeted costs; however, the amount of 7809
any such loan shall not exceed fifty percent (50%) of such excess 7810
costs; 7811
2. Not more than Sixty Million Dollars 7812
($60,000,000.00) may be loaned to such an enterprise or paid to a 7813
lender providing financing to the enterprise for purposes 7814
determined appropriate by the authority, and the enterprise shall 7815
be obligated to repay the amount of the loan or payment plus any 7816
expenses incurred by the state as a result of the issuance of 7817
bonds pursuant to Section 57-75-15(3)(p); however, no such loan or 7818
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payment may be made before the beginning of the fifth year after 7819
issuance by the enterprise of debt in like amount the proceeds of 7820
which are to be used in connection with the project; 7821
(iii) To supervise the use of all such loan funds; 7822
(iv) Loans under this paragraph (jj) may be for 7823
any term determined appropriate by the authority provided that the 7824
payments on any loan must be in an amount sufficient to pay the 7825
state's debt service on bonds issued for the purpose of providing 7826
funds for such a loan; and 7827
(v) The repayment obligation of the enterprise for 7828
any loan or payment authorized under this paragraph (jj) shall, in 7829
the discretion of the authority, be secured in an amount and a 7830
manner as may be determined by the authority. 7831
(kk) In connection with projects defined in Section 7832
57-75-5(f)(xxi) or a facility related to such a project: 7833
(i) To provide grant funds to reimburse public 7834
agencies, Itawamba Community College, Northeast Mississippi 7835
Community College, and/or East Mississippi Community College, 7836
public or private nonprofits or an enterprise owning or operating 7837
a project as defined in Section 57-75-5(f)(xxi) for site 7838
preparation, real estate improvements, utilities, railroads, 7839
roads, infrastructure, job training, recruiting and any other 7840
expenses approved by the authority in amounts not to exceed the 7841
amount authorized in Section 57-75-15(3)(s); 7842
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(ii) To supervise the use of all such grant funds 7843
so reimbursed; and 7844
(iii) To enter into contractual agreements to 7845
warrant site preparation and availability for a project defined in 7846
Section 57-75-5(f)(xxi). 7847
(ll) In connection with a project related to a Tier One 7848
supplier: 7849
(i) To provide grant funds to reimburse public 7850
agencies, public or private nonprofits and Tier One suppliers for 7851
site preparation, real estate improvements, utilities, railroads, 7852
roads, infrastructure, job training, recruiting and any other 7853
expenses approved by the authority in amounts not to exceed the 7854
amount authorized in Section 57-75-15(3)(t); 7855
(ii) To supervise the use of all such grant funds 7856
so reimbursed. 7857
(mm) In connection with projects defined in Section 7858
57-75-5(f)(xxii) or a facility related to such a project: 7859
(i) To provide grant funds to reimburse public 7860
agencies or an enterprise owning or operating a project as defined 7861
in Section 57-75-5(f)(xxii) for site preparation, real estate 7862
improvements, utilities, fire protection, wastewater, railroads, 7863
roads, infrastructure, job training, recruiting and any other 7864
expenses approved by the authority in amounts not to exceed the 7865
amount authorized in Section 57-75-15(3)(u); and 7866
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(ii) To supervise the use of all such grant funds 7867
so reimbursed. 7868
(nn) It is the policy of the authority and the 7869
authority is authorized to accommodate and support any enterprise 7870
owning or operating a project defined in Section 7871
57-75-5(f)(xviii), 57-75-5(f)(xxi), 57-75-5(f)(xxii), 7872
57-75-5(f)(xxvi), 57-75-5(f)(xxvii), 57-75-5(f)(xxviii), 7873
57-75-5(f)(xxix), 57-75-5(f)(xxx), 57-75-5(f)(xxxi), 7874
57-75-5(f)(xxxii) or 57-75-5(f)(xxxiii), or an enterprise 7875
developing or owning a project defined in Section 57-75-5(f)(xx), 7876
that wishes to have a program of diversity in contracting, and/or 7877
that wishes to do business with or cause its prime contractor to 7878
do business with Mississippi companies, including those companies 7879
that are small business concerns owned and controlled by socially 7880
and economically disadvantaged individuals. The term "socially 7881
and economically disadvantaged individuals" shall have the meaning 7882
ascribed to such term under Section 8(d) of the Small Business Act 7883
(15 USCS 637(d)) and relevant subcontracting regulations 7884
promulgated pursuant thereto; except that women shall be presumed 7885
to be socially and economically disadvantaged individuals for the 7886
purposes of this paragraph. 7887
(oo) To provide grant funds to an enterprise developing 7888
or owning a project defined in Section 57-75-5(f)(xx) for 7889
reimbursement of costs incurred by such enterprise for 7890
infrastructure improvements in the initial phase of development of 7891
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the project, upon dedication of such improvements to the 7892
appropriate public agency. 7893
(pp) In connection with projects defined in Section 7894
57-75-5(f)(xxiii): 7895
(i) To provide grant funds to reimburse public 7896
agencies or an enterprise operating a project as defined in 7897
Section 57-75-5(f)(xxiii) for site preparation, utilities, real 7898
estate improvements, infrastructure, roads, public works, job 7899
training and any other expenses approved by the authority in 7900
amounts not to exceed the amount authorized in Section 7901
57-75-15(3)(v); and 7902
(ii) To supervise the use of all such grant funds 7903
so reimbursed. 7904
(qq) (i) To provide grant funds for the expansion of a 7905
publicly owned building for the project defined in Section 7906
57-75-5(f)(xxiv) or loans to an enterprise owning, leasing or 7907
operating a project defined in Section 57-75-5(f)(xxiv) for the 7908
purchase and/or relocation of equipment, or for any other purpose 7909
related to the project as approved by the authority; however, the 7910
aggregate amount of any such loans under this paragraph (qq) shall 7911
not exceed Six Million Dollars ($6,000,000.00) and the aggregate 7912
amount of any such grants under this paragraph (qq) shall not 7913
exceed Seven Million Dollars ($7,000,000.00); 7914
(ii) To supervise the use of all such grant funds 7915
or loans; and 7916
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(iii) Notwithstanding any provision of this act to 7917
the contrary, such loans shall be for a term not to exceed ten 7918
(10) years as may be determined by the authority, shall bear a 7919
rate of interest to be determined by the authority, and shall be 7920
secured in an amount and a manner as may be determined by the 7921
authority. 7922
(rr) (i) To provide grant funds to an enterprise 7923
owning or operating a project defined in Section 57-75-5(f)(xxv) 7924
for reimbursement of costs incurred by the enterprise in 7925
reconfiguring the manufacturing plant and for the purchase of 7926
equipment, or for any other purpose related to the project as 7927
approved by the authority; 7928
(ii) To supervise the use of all such grant funds. 7929
(ss) In connection with projects defined under Section 7930
57-75-5(f)(xxvi): 7931
(i) To provide grant funds and/or loans to a 7932
public agency in an amount not to exceed Fifteen Million Dollars 7933
($15,000,000.00) for the construction of a publicly owned building 7934
to be leased by the enterprise owning or operating the project; 7935
(ii) To provide loan guarantees in an amount not 7936
to exceed the total cost of the project for which financing is 7937
sought or Twenty Million Dollars ($20,000,000.00), whichever is 7938
less, for the purpose of encouraging the extension of conventional 7939
financing and the issuance of letters of credit to the enterprise 7940
owning or operating the project; 7941
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(iii) In connection with any loan guarantee made 7942
pursuant to this paragraph, to make payments to lenders providing 7943
financing to the enterprise owning or operating the project and 7944
the enterprise shall be obligated to repay the amount of the 7945
payment plus any expenses incurred by the state as a result of the 7946
issuance of bonds pursuant to Section 57-75-15(3)(y); 7947
(iv) To supervise the use of all such grant funds, 7948
loan funds or payments; and 7949
(v) To require the enterprise owning or operating 7950
the project to provide security for the repayment obligation for 7951
any loan guarantee authorized under this paragraph in an amount 7952
and in a manner as may be determined by the authority. 7953
(tt) In connection with projects defined under Section 7954
57-75-5(f)(xxvii): 7955
(i) To provide loans to a public agency in an 7956
amount not to exceed Fifty Million Dollars ($50,000,000.00) for 7957
the construction of a publicly owned building and acquisition of 7958
equipment to be leased by the enterprise owning or operating the 7959
project; and 7960
(ii) To supervise the use of all such loan funds. 7961
(uu) In connection with projects defined under Section 7962
57-75-5(f)(xxviii): 7963
(i) To provide grant funds to reimburse public 7964
agencies or an enterprise operating a project for site 7965
preparation, utilities, real estate purchase and improvements, 7966
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infrastructure, roads, rail improvements, public works, job 7967
training and any other expenses approved by the authority in 7968
amounts not to exceed the amount authorized in Section 7969
57-75-15(3)(aa); 7970
(ii) To supervise the use of all such grant funds 7971
so reimbursed. 7972
(vv) In connection with projects defined under Section 7973
57-75-5(f)(xxix): 7974
(i) To provide grant funds to reimburse or 7975
otherwise defray the costs incurred by public agencies or an 7976
enterprise operating a project for site preparation, utilities, 7977
real estate purchases, purchase options and improvements, 7978
infrastructure, roads, rail improvements, public works, buildings 7979
and fixtures, job recruitment and training, as well as planning, 7980
design, environmental mitigation and environmental impact studies 7981
with respect to a project, and any other purposes approved by the 7982
authority in amounts not to exceed the amount authorized in 7983
Section 57-75-15(3)(bb); 7984
(ii) To provide loans to public agencies for site 7985
preparation, utilities, real estate purchases, purchase options 7986
and improvements, infrastructure, roads, rail improvements, public 7987
works, buildings and fixtures, job recruiting and training, as 7988
well as planning, design, environmental mitigation and 7989
environmental impact studies with respect to a project, and any 7990
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other purposes approved by the authority in amounts not to exceed 7991
the amount authorized in Section 57-75-15(3)(bb); 7992
(iii) To supervise the use of all such grant funds 7993
so reimbursed and/or loans so made; and 7994
(iv) To the extent that the authority enters into 7995
any construction or similar contract for site preparation work or 7996
for the construction of any improvements on a project site, to 7997
assign or otherwise transfer to an enterprise or affiliate thereof 7998
that owns or operates such a project on such project site any and 7999
all contractual, express or implied warranties of any kind arising 8000
from such contract or work performed or materials purchased in 8001
connection therewith, and cause any such contract to contain terms 8002
and provisions designating such enterprise as a third-party 8003
beneficiary under the contract. 8004
(ww) In connection with projects defined under Section 8005
57-75-5(f)(xxx): 8006
(i) To provide grant funds to reimburse or 8007
otherwise defray the costs incurred by public agencies or an 8008
enterprise operating a project for public infrastructure needs, 8009
site preparation, building improvements, purchase of launch 8010
systems, recruitment of employees to fill new full-time jobs, 8011
providing internal company training and train prospective, new and 8012
existing employees of the enterprise associated with the project, 8013
including training of company employees who will utilize such 8014
instruction to teach other prospective, new and existing employees 8015
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of the company and other workforce expenses and any other expenses 8016
approved by the authority in amounts not to exceed the amount 8017
authorized in Section 57-75-15(3)(cc); and 8018
(ii) To supervise the use of all such grant funds 8019
so reimbursed. 8020
(xx) In connection with projects defined under Section 8021
57-75-5(f)(xxxi): 8022
(i) To provide grant funds to reimburse or 8023
otherwise defray the costs incurred by public agencies or any 8024
enterprise operating one or more such projects for site 8025
preparation, utilities, real estate purchases, purchase options 8026
and improvements, infrastructure, utilities, roads, rail 8027
improvements, public works, buildings and fixtures, job 8028
recruitment and training, as well as planning, design, 8029
environmental mitigation and environmental impact studies with 8030
respect to a project, and any other purposes approved by the 8031
authority in amounts not to exceed the amount authorized in 8032
Section 57-75-15(3)(dd); 8033
(ii) To provide loans to public agencies for site 8034
preparation, utilities, real estate purchases, purchase options 8035
and improvements, infrastructure, roads, rail improvements, public 8036
works, buildings and fixtures, job recruiting and training, as 8037
well as planning, design, environmental mitigation and 8038
environmental impact studies with respect to a project, and any 8039
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other purposes approved by the authority in amounts not to exceed 8040
the amount authorized in Section 57-75-15(3)(dd). 8041
(yy) (i) In connection with projects defined under 8042
Section 57-75-5(f)(xxxi), the authority is further authorized to 8043
provide to the enterprises operating one or more of the projects, 8044
an annual grant in an amount not to exceed three and one-half 8045
percent (3.5%) of the additional payroll for a period of ten (10) 8046
consecutive years. Each such aggregate annual grant amount shall 8047
be remitted to one or more of the enterprises and/or one or more 8048
of their affiliates, in such sub-amounts as the enterprises shall 8049
collectively direct, or that their common direct or indirect 8050
parent company shall direct, in writing, to the authority each 8051
year during such ten-year period. The ten-year period for the 8052
series of ten (10) annual grants authorized by this paragraph (yy) 8053
shall commence no later than January 1, 2029. 8054
(ii) In the event that the annual number of 8055
full-time jobs maintained or caused to be maintained by the 8056
enterprises operating one or more projects and/or one or more 8057
affiliates thereof falls below the minimum annual number of 8058
full-time jobs required by the authority pursuant to a written 8059
agreement between the authority and the enterprises and/or any 8060
affiliate thereof for one or more years, the annual grant 8061
authorized by this paragraph (yy) may be reduced or suspended by 8062
the authority until the first calendar year during which the 8063
annual number of full-time jobs maintained or caused to be 8064
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maintained by the enterprises and/or their affiliates reaches the 8065
minimum annual number of full-time jobs required by the authority 8066
pursuant to the written agreement. 8067
(iii) The annual grants authorized by this 8068
paragraph (yy) may be funded from the proceeds of bonds issued 8069
pursuant to Section 57-75-15(3)(dd); provided that the aggregate 8070
amount of the annual grants over the entire ten-year period shall 8071
not exceed Forty-five Million Dollars ($45,000,000.00). 8072
(iv) For purposes of this paragraph (yy): 8073
1. "Additional payroll" shall mean the sum of 8074
the annual payroll amount (i.e., all annual employee income that 8075
is subject to State of Mississippi and/or federal income taxation) 8076
for any calendar year beginning January 1, 2023, which is 8077
associated with full-time jobs created and maintained by all 8078
enterprises that undertake any project and/or by any affiliates 8079
thereof, in excess of the amount the annualized payroll (i.e., all 8080
annual employee income that is subject to State of Mississippi 8081
and/or federal income taxation), which is associated with 8082
employees employed in the State of Mississippi by such enterprises 8083
or their affiliates as of September 30, 2022; and 8084
2. "Base payroll level" shall mean the 8085
annualized payroll amount (i.e., all annual employee income that 8086
is subject to State of Mississippi and/or federal income taxation) 8087
paid to employees employed in the State of Mississippi by all 8088
enterprises that undertake any project and/or by any affiliates 8089
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thereof during the twelve-month period ending on September 30, 8090
2022. 8091
(v) The Mississippi Development Authority may 8092
promulgate rules and regulations necessary to administer the 8093
provisions of this paragraph (yy) and may otherwise administer and 8094
prescribe rules and restrictions with respect to the annual grant 8095
authorized by this paragraph (yy) pursuant to a written agreement 8096
between the authority and any enterprises operating one or more 8097
projects and/or any affiliate thereof. 8098
(zz) In connection with a project defined under Section 8099
57-75-5(f)(xxxii): 8100
(i) To provide grant funds to reimburse or 8101
otherwise defray the costs incurred by public agencies or any 8102
enterprise operating one or more such projects for site 8103
preparation, utilities, real estate purchases, purchase options 8104
and improvements, infrastructure, utilities, roads, rail 8105
improvements, public works, buildings and fixtures, job 8106
recruitment and training, as well as planning, design, 8107
environmental mitigation and environmental impact studies with 8108
respect to a project, and any other purposes approved by the 8109
authority in amounts not to exceed the amount authorized in 8110
Section 57-75-15(3)(ee); 8111
(ii) To provide loans, grants and other funds to 8112
public agencies for site preparation, utilities, real estate 8113
purchases, purchase options and improvements, infrastructure, 8114
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roads, rail improvements, public works, buildings and fixtures, 8115
job recruiting and training, as well as planning, design, 8116
environmental mitigation and environmental impact studies with 8117
respect to a project, and any other purposes approved by the 8118
authority in amounts not to exceed the amount authorized in 8119
Section 57-75-15(3)(ee). 8120
(aaa) In connection with a project defined under 8121
Section 57-75-5(f)(xxxiii): 8122
(i) To provide grant funds to reimburse or 8123
otherwise defray the costs incurred by public agencies or any 8124
enterprise operating one or more such projects for site 8125
preparation, utilities, real estate purchases, purchase options 8126
and improvements, infrastructure, utilities, roads, rail 8127
improvements, public works, buildings and fixtures, job 8128
recruitment and training, as well as planning, design, 8129
environmental mitigation and environmental impact studies with 8130
respect to a project, and any other purposes approved by the 8131
authority in amounts not to exceed the amount authorized in 8132
Section 57-75-15(3)(ff); and 8133
(ii) To provide loans to public agencies for site 8134
preparation, utilities, real estate purchases, purchase options 8135
and improvements, infrastructure, roads, rail improvements, public 8136
works, buildings and fixtures, job recruiting and training, as 8137
well as planning, design, environmental mitigation and 8138
environmental impact studies with respect to a project, and any 8139
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other purposes approved by the authority in amounts not to exceed 8140
the amount authorized in Section 57-75-15(3)(ff). 8141
(aab) (i) In addition to any other requirements or 8142
conditions under this chapter, the authority shall require that 8143
any application required by the authority for assistance regarding 8144
a project under this chapter include, at a minimum: 8145
1. A two-year business plan (which shall 8146
include pro forma balance sheets, income statements and monthly 8147
cash flow statements); 8148
2. Financial statements or tax returns for 8149
the three (3) years immediately prior to the application (if the 8150
project is a new company or enterprise, personal financial 8151
statements or tax returns will be required); 8152
3. Credit reports on all persons or entities 8153
with a twenty percent (20%) or greater interest in the project; 8154
4. Data supporting the expertise of the 8155
project's principals; 8156
5. A cost-benefit analysis of the project 8157
performed by a state institution of higher learning or other 8158
entity selected by the authority; and 8159
6. Any other information required by the 8160
authority. 8161
(ii) The authority shall require that binding 8162
commitments be entered into requiring that: 8163
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1. The applicable minimum requirements of 8164
this chapter and such other requirements as the authority 8165
considers proper shall be met; and 8166
2. If the agreed upon commitments are not 8167
met, all or a portion of the funds provided under this chapter as 8168
determined by the authority shall be repaid. 8169
(iii) Where appropriate, in the discretion of the 8170
authority, the authority shall acquire a security interest in or 8171
other lien upon any applicable collateral. 8172
(iv) The provisions of this paragraph (xx) shall 8173
not apply to a project defined in Section 57-75-5(f)(xxiii). 8174
SECTION 80. Section 57-75-37, Mississippi Code of 1972, is 8175
brought forward as follows: 8176
57-75-37. (1) (a) (i) Any county in which there is to be 8177
constructed a project as defined in Section 57-75-5(f)(xviii) is 8178
authorized to assist in defraying the costs incurred or to be 8179
incurred by the enterprise establishing such project by: 8180
1. Contributing a sum of up to Five Million 8181
Dollars ($5,000,000.00) to such enterprise for use in connection 8182
with the construction of the project; and/or 8183
2. Lending a sum of up to Five Million 8184
Dollars ($5,000,000.00) upon such terms as the board of 8185
supervisors of such county and such enterprise may agree, the 8186
proceeds of which loan shall be used by such enterprise in 8187
connection with the construction or financing of the project. 8188
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(ii) In order to provide the amounts set forth in 8189
paragraph (a)(i) of this subsection (1), any such county may 8190
appropriate monies from the county's general funds or provide such 8191
amounts from the proceeds of general obligation bonds, or any 8192
combination of the foregoing. Any such county may issue the bonds 8193
for such purpose pursuant to the procedures for the issuance of 8194
bonds under Chapter 9, Title 19, Mississippi Code of 1972, or 8195
Section 19-5-99. 8196
(b) The board of supervisors of any county may donate 8197
real property for use in the location, construction and/or 8198
operation of a project as defined under Section 57-75-5(f)(xviii) 8199
to one or more economic development authorities, economic 8200
development districts, industrial development authorities or 8201
similar public agencies created pursuant to state law that engage 8202
in economic or industrial development in the county, and any such 8203
public agencies may accept such donation of real property from the 8204
county. Such public agencies also may transfer and convey among 8205
themselves, with or without consideration being paid or received, 8206
real property to be used in the location, construction and/or 8207
operation of such a project, and may accept such transfers or 8208
donations. 8209
(2) Any county or municipality in which there is to be 8210
constructed a project as defined in Section 57-75-5(f)(xxvi) or 8211
57-75-5(f)(xxvii) is authorized to: 8212
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(a) Acquire the site for such project and contribute 8213
the site to the enterprise owning or operating the project; 8214
(b) Apply for grants and loans and utilize the proceeds 8215
of such grants and loans for infrastructure related to the 8216
project; and 8217
(c) Enter into a lease agreement with the enterprise 8218
owning or operating the project for a term not to exceed 8219
ninety-nine (99) years. 8220
(3) (a) As used in this subsection: 8221
(i) "Project" shall have the meaning ascribed to 8222
such term in Section 57-75-5(f)(xxviii). 8223
(ii) "Public agency" means the county in which the 8224
project is located, any municipality located in the county, and/or 8225
any economic development authority, economic development district, 8226
industrial development authority or similar public agency created 8227
pursuant to state law that engages in economic or industrial 8228
development in the county or a municipality in the county. 8229
(b) Any county in which there is to be located a 8230
project is authorized to assist as provided in this paragraph in 8231
defraying the costs incurred or to be incurred by the enterprise 8232
establishing the project and any public agency in connection with 8233
the location, construction and/or operation of the project or any 8234
facilities or public infrastructure related to the project. The 8235
county may provide such assistance by contributing or lending any 8236
sum approved for such purpose by the board of supervisors of the 8237
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county, upon such terms as the board of supervisors may agree, to 8238
the entity that directly or indirectly incurs or will incur such 8239
costs or as otherwise provided in paragraph (c) of this 8240
subsection. The proceeds of the contribution or loan shall be 8241
used by the recipient in connection with the location, 8242
construction and/or operation of the project or any facilities or 8243
public infrastructure related to the project. 8244
(c) In order to provide the amounts set forth in 8245
paragraph (b) of this subsection, any such county may appropriate 8246
monies from the county's general funds or provide such amounts 8247
from the proceeds of general obligation bonds, or any combination 8248
of the foregoing. Any such county may issue the bonds for such 8249
purpose pursuant to the procedures for the issuance of bonds under 8250
Chapter 9, Title 19, Mississippi Code of 1972, or Section 19-5-99. 8251
(d) In any county in which there is to be located a 8252
project, the governing authorities of any public agency may: 8253
(i) Transfer and convey to the authority or the 8254
Mississippi Development Authority, with or without consideration 8255
being paid or received, any real and/or personal property for use 8256
in connection with the location, construction and/or operation of 8257
the project or any facilities or public infrastructure related to 8258
the project, and the authority and the Mississippi Development 8259
Authority may accept such transfers or donations; 8260
(ii) Transfer and convey among themselves, with or 8261
without consideration being paid or received, any real and/or 8262
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personal property for use in connection with the location, 8263
construction and/or operation of a project or any facilities or 8264
public infrastructure related to the project, and may accept such 8265
transfers or donations; and 8266
(iii) Make grants or other contributions of funds 8267
to one another for use in connection with the location, 8268
construction and/or operation of such a project or any facilities 8269
or public infrastructure related to the project, and may accept 8270
such grants or contributions of funds. 8271
(e) In any county in which there is to be located a 8272
project, the person, entity or other agency seeking to acquire any 8273
real property to be used in connection with the location, 8274
construction and/or operation of the project, shall be exempt with 8275
respect to such property from the requirements of Section 8276
43-37-3(1)(b) and (c) if the purchase price for such property 8277
equals the lowest price negotiated between the owner of the 8278
property and the person, agency or other entity seeking to acquire 8279
the property, and at which the owner of the property is willing to 8280
sell the property. 8281
(4) (a) As used in this subsection: 8282
(i) "Project" shall have the meaning ascribed to 8283
such term in Section 57-75-5(f)(xxix). 8284
(ii) "Public agency" means the county in which the 8285
project is located, any municipality located in the county, and/or 8286
any economic development authority, economic development district, 8287
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industrial development authority or similar public agency created 8288
pursuant to state law that engages in economic or industrial 8289
development in the county or a municipality in the county. 8290
(iii) "Board of education" shall have the meaning 8291
ascribed to such term in Section 29-3-1.1. 8292
(iv) "Superintendent of education" shall have the 8293
meaning ascribed to such term in Section 29-3-1.1. 8294
(b) In any county in which there is to be located a 8295
project, any public agency is authorized to assist as provided in 8296
this paragraph in defraying the costs incurred or to be incurred 8297
by the enterprise establishing the project and/or any public 8298
agency in connection with the location, construction and/or 8299
operation of the project or any facilities or public 8300
infrastructure related to the project. Any such public agency may 8301
provide such assistance by contributing or lending any sum 8302
approved for such purpose by the governing authority of such 8303
public agency, upon such terms as the governing authority of such 8304
public agency may agree, to the entity or public agency that 8305
directly or indirectly incurs or will incur such costs or as 8306
otherwise provided in paragraph (c) of this subsection. The 8307
proceeds of the contribution or loan shall be used by the 8308
recipient in connection with the location, construction and/or 8309
operation of the project or any facilities or public 8310
infrastructure related to the project, including, without 8311
limitation, to defray the costs of site preparation, utilities, 8312
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real estate purchases, purchase options and improvements, 8313
infrastructure, roads, rail improvements, public works, job 8314
training, as well as planning, design and environmental impact 8315
studies with respect to a project, and any other expenses approved 8316
by any such public agency. 8317
(c) In order to provide the amounts set forth in 8318
paragraph (b) of this subsection: 8319
(i) Any such county may appropriate monies from 8320
the county's general funds or provide such amounts from the 8321
proceeds of general obligation bonds. Any such county may issue 8322
the bonds for such purpose pursuant to the procedures for the 8323
issuance of bonds under Chapter 9, Title 19, Mississippi Code of 8324
1972, Section 19-5-99 or in any other manner permitted by any 8325
local and private law or other general laws; and 8326
(ii) Any public agency may borrow or accept grants 8327
of such amounts from the authority or the Mississippi Development 8328
Authority for such duration and upon such terms and conditions 8329
approved by the governing authority of such public agency and the 8330
authority or Mississippi Development Authority, as applicable. 8331
(d) In any county in which there is to be located a 8332
project, the governing authority of any public agency may: 8333
(i) Transfer and convey to the authority or the 8334
Mississippi Development Authority, with or without consideration 8335
being paid or received, any real and/or personal property for use 8336
in connection with the location, construction and/or operation of 8337
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the project or any facilities or public infrastructure related to 8338
the project, and the authority and the Mississippi Development 8339
Authority may accept such transfers or donations; 8340
(ii) Transfer and convey among themselves, with or 8341
without consideration being paid or received, any real and/or 8342
personal property for use in connection with the location, 8343
construction and/or operation of a project or any facilities or 8344
public infrastructure related to the project, and may accept such 8345
transfers or donations; 8346
(iii) Make grants or other contributions of funds 8347
to: 8348
1. One another for use in connection with the 8349
location, construction and/or operation of such a project or any 8350
facilities or public infrastructure related to the project, and 8351
may accept such grants or contributions of funds; and/or 8352
2. A local water association incorporated as 8353
a nonprofit corporation and located within such county for the 8354
purpose of defraying the costs incurred or to be incurred thereby 8355
in connection with water or wastewater-related infrastructure 8356
improvements, including an elevated water tank, located within the 8357
project area; and 8358
(iv) Make one or more periodic grants or other 8359
contributions of funds to an enterprise or affiliate thereof 8360
owning and/or operating a project in such amount or amounts 8361
approved by such governing authority, and enter into an agreement 8362
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with such enterprise to make such periodic grants or other 8363
contributions of funds; however, the duration of any such 8364
obligation of the public agency to make such grants or other 8365
contributions shall not exceed thirty (30) years. 8366
(e) In any county in which there is to be located a 8367
project, the public agency seeking to acquire any real property to 8368
be used in connection with the location, construction and/or 8369
operation of the project, shall be exempt with respect to such 8370
property from the requirements of Section 43-37-3(1)(b) and (c) if 8371
the purchase price for such property equals the lowest price 8372
negotiated between the owner of the property and the public agency 8373
seeking to acquire the property, and at which the owner of the 8374
property is willing to sell the property, and any such public 8375
agency is further authorized to procure an option to purchase any 8376
such real property for such purchase price authorized by this 8377
subsection for the lowest option payment at which the owner of the 8378
property is willing to grant such option. 8379
(f) In any county in which there is to be located a 8380
project, upon the sale of any sixteenth section lands for 8381
industrial purposes as provided by law for such project, the board 8382
of education controlling such lands, the superintendent of 8383
education and the Mississippi Development Authority, on behalf of 8384
the state, may sell and convey all minerals in, on and under any 8385
such lands for such consideration determined to be adequate by, 8386
and upon such terms and conditions prescribed by, such board of 8387
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education, superintendent of education and the Mississippi 8388
Development Authority. 8389
(g) In any county in which there is to be located a 8390
project, the governing authority of the applicable public agency 8391
may enter into an agreement binding on future governing 8392
authorities, for any period not to exceed thirty (30) years to: 8393
(i) Waive any and all fees and expenses associated 8394
with building permits and privilege licenses required for the 8395
project; 8396
(ii) Establish and/or maintain a rate structure 8397
for water supplied to the project and wastewater received from the 8398
project, which shall be no higher than the lowest tariff prices 8399
for such water and wastewater charged to any customer of equal or 8400
lesser volume located within the boundaries of the public agency; 8401
(iii) Provide firefighting, hazardous materials 8402
emergency response, technical rescue and medical response 8403
assistance to the enterprise owning or operating the project; and 8404
(iv) Require any contractor hired by the public 8405
agency for purposes of entering onto the project site for such 8406
project to perform work-related to the provision of water supply 8407
or wastewater services, to procure customary liability insurance 8408
designating the enterprise owning or operating the project as an 8409
additional insured and to contractually indemnify such enterprise 8410
for any losses incurred by the enterprise as a result of such 8411
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contractor's negligence and/or willful acts or omissions arising 8412
from the contractor's entry upon such project site. 8413
(5) (a) As used in this subsection: 8414
(i) "Project" shall have the meaning ascribed to 8415
such term in Section 57-75-5(f)(xxxi). 8416
(ii) "Public agency" means the county in which the 8417
project is located, any municipality located in the county, and/or 8418
any economic development authority, economic development district, 8419
industrial development authority, port authority or airport 8420
authority or similar public agency created pursuant to state law. 8421
(iii) "Board of education" shall have the meaning 8422
ascribed to such term in Section 29-3-1.1. 8423
(iv) "Superintendent of education" shall have the 8424
meaning ascribed to such term in Section 29-3-1.1. 8425
(b) In any county in which there is to be located a 8426
project, any public agency is authorized to assist as provided in 8427
this paragraph in defraying the costs incurred or to be incurred 8428
by the enterprise establishing the project and/or any public 8429
agency in connection with the location, construction and/or 8430
operation of the project or any facilities or public 8431
infrastructure related to the project. Any such public agency may 8432
provide such assistance by contributing or lending any sum 8433
approved for such purpose by the governing authority of such 8434
public agency, upon such terms as the governing authority of such 8435
public agency may agree, to the entity or public agency that 8436
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directly or indirectly incurs or will incur such costs or as 8437
otherwise provided in paragraph (c) of this subsection. The 8438
proceeds of the contribution or loan shall be used by the 8439
recipient in connection with the location, construction and/or 8440
operation of the project or any facilities or public 8441
infrastructure related to the project, including, without 8442
limitation, to defray the costs of site preparation, utilities, 8443
real estate purchases, purchase options and improvements, 8444
infrastructure, roads, rail improvements, public works, job 8445
training, as well as planning, design and environmental impact 8446
studies with respect to a project, and any other expenses approved 8447
by any such public agency. 8448
(c) In order to provide the amounts set forth in 8449
paragraph (b) of this subsection: 8450
(i) Any such county may appropriate monies from 8451
the county's general funds or provide such amounts from the 8452
proceeds of general obligation bonds. Any such county may issue 8453
the bonds for such purpose pursuant to the procedures for the 8454
issuance of bonds under Chapter 9, Title 19, Mississippi Code of 8455
1972, Section 19-5-99 or in any other manner permitted by any 8456
local and private law or other general laws; and 8457
(ii) Any public agency may borrow or accept grants 8458
of such amounts from the authority or the Mississippi Development 8459
Authority for such duration and upon such terms and conditions 8460
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approved by the governing authority of such public agency and the 8461
authority or Mississippi Development Authority, as applicable. 8462
(d) In any county in which there is to be located a 8463
project, the governing authorities of public agencies may: 8464
(i) Transfer and convey among themselves, with or 8465
without consideration being paid or received, any real and/or 8466
personal property for use in connection with the location, 8467
construction and/or operation of a project or any facilities or 8468
public infrastructure related to the project, and may accept such 8469
transfers or donations; 8470
(ii) Make grants or other contributions of funds 8471
to one another for use in connection with the location, 8472
construction and/or operation of such a project or any facilities 8473
or public infrastructure related to the project, and may accept 8474
such grants or contributions of funds; and 8475
(iii) Make one or more grants or other 8476
contributions of funds to an enterprise or affiliate thereof 8477
owning and/or operating a project in such amount or amounts 8478
approved by such governing authority, and enter into an agreement 8479
with such enterprise to make such grants or other contributions of 8480
funds; however, the duration of any such obligation of the public 8481
agency to make such grants or other contributions shall not exceed 8482
thirty (30) years. 8483
(e) In any county in which there is to be located a 8484
project, the public agency seeking to acquire any real property to 8485
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be used in connection with the location, construction and/or 8486
operation of the project, shall be exempt with respect to such 8487
property from the requirements of Section 43-37-3(1)(b) and (c) if 8488
the purchase price for such property equals the lowest price 8489
negotiated between the owner of the property and the public agency 8490
seeking to acquire the property, and at which the owner of the 8491
property is willing to sell the property, and any such public 8492
agency is further authorized to procure an option to purchase any 8493
such real property for such purchase price authorized by this 8494
subsection for the lowest option payment at which the owner of the 8495
property is willing to grant such option. 8496
(f) In any county in which there is to be located a 8497
project, upon the sale of land owned by an industrial development 8498
authority, port authority or airport authority for industrial 8499
purposes as provided by law for such project, the governing 8500
authorities controlling such lands may sell and convey all 8501
minerals in, on and under any such lands for such consideration 8502
determined to be adequate by, and upon such terms and conditions 8503
prescribed by, such governing authority or may otherwise enter 8504
into a written agreement with the enterprise owning and/or 8505
operating such project pursuant to which such governing authority 8506
of the industrial development authority, port authority or airport 8507
authority, as the case may be, may agree to perpetually refrain 8508
from using the surface of such land upon which the project is 8509
located to access any minerals located thereunder in which such 8510
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public agency has a retained ownership interest. Any such written 8511
agreement shall be binding upon future governing authorities. 8512
(g) In any county in which there is to be located a 8513
project, the governing authority of the applicable public agency 8514
may enter into an agreement binding on future governing 8515
authorities, for any period not to exceed thirty (30) years to: 8516
(i) Waive any and all fees and expenses associated 8517
with building permits and privilege licenses required for the 8518
project; 8519
(ii) Establish and/or maintain a rate structure 8520
for water supplied to the project and wastewater received from the 8521
project, which shall be no higher than the lowest tariff prices 8522
for such water and wastewater charged to any customer of equal or 8523
lesser volume located within the boundaries of the public agency; 8524
and 8525
(iii) Require any contractor hired by the public 8526
agency for purposes of entering onto the project site for such 8527
project to perform work related to the provision of water supply 8528
or wastewater services, to procure customary liability insurance 8529
designating the enterprise owning or operating the project as an 8530
additional insured and to contractually indemnify such enterprise 8531
for any losses incurred by the enterprise as a result of such 8532
contractor's negligence and/or willful acts or omissions arising 8533
from the contractor's entry upon such project site. 8534
(6) (a) As used in this subsection: 8535
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(i) "Project" shall have the meaning ascribed to 8536
such term in Section 57-75-5(f)(xxxii). 8537
(ii) "Public agency" means the county in which the 8538
project is located, any municipality located in the county, and/or 8539
any economic development authority, economic development district, 8540
industrial development authority, port authority, airport 8541
authority, public utility or similar public agency created 8542
pursuant to state law. 8543
(b) In any county in which there is to be located a 8544
project, any public agency is authorized to assist as provided in 8545
this paragraph in defraying the costs incurred or to be incurred 8546
by the enterprise establishing the project and/or any public 8547
agency in connection with the location, construction and/or 8548
operation of the project or any facilities or public 8549
infrastructure related to the project. Any such public agency may 8550
provide such assistance by contributing or lending any sum 8551
approved for such purpose by the governing authority of such 8552
public agency, upon such terms as the governing authority of such 8553
public agency may agree, to the entity or public agency that 8554
directly or indirectly incurs or will incur such costs or as 8555
otherwise provided in paragraph (c) of this subsection. The 8556
proceeds of the contribution or loan shall be used by the 8557
recipient in connection with the location, construction and/or 8558
operation of the project or any facilities or public 8559
infrastructure related to the project, including, without 8560
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limitation, to defray the costs of site preparation, utilities, 8561
real estate purchases, purchase options and improvements, 8562
infrastructure, roads, rail improvements, public works, job 8563
training, as well as planning, design and environmental impact 8564
studies with respect to a project, and any other expenses approved 8565
by any such public agency. Any such public agency may 8566
alternatively provide such assistance by undertaking the 8567
acquisition of real and/or personal property, or interests 8568
therein, with respect to, and the design, engineering, 8569
construction and installation of, any facilities or public 8570
infrastructure related to the project regardless of whether it is 8571
authorized by applicable statutes to operate such facilities or 8572
public infrastructure and/or provide any utility services 8573
therefrom following the completion thereof; provided that, if the 8574
public agency is authorized by applicable statutes to operate such 8575
facilities or public infrastructure following the completion 8576
thereof, such public agency may transfer, and if the public agency 8577
is not authorized by applicable statutes to operate such 8578
facilities or public infrastructure and/or provide any utility 8579
services therefrom following the completion thereof, the public 8580
agency shall transfer, such facilities or public infrastructure to 8581
another public agency that is authorized by applicable statutes to 8582
operate such facilities or public infrastructure and/or provide 8583
any utility services therefrom. 8584
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(c) In order to provide the amounts or otherwise 8585
perform any permitted actions set forth in paragraph (b) of this 8586
subsection: 8587
(i) Any such county may appropriate monies from 8588
the county's general funds or provide such amounts from the 8589
proceeds of general obligation bonds or other indebtedness 8590
permitted by any local and private law or other general laws. Any 8591
such county may issue the bonds for such purpose pursuant to the 8592
procedures for the issuance of bonds under Chapter 9, Title 19, 8593
Mississippi Code of 1972, Section 19-5-99 or in any other manner 8594
permitted by any local and private law or other general laws; and 8595
(ii) Any public agency may borrow or accept grants 8596
or other funds of such amounts from the authority or the 8597
Mississippi Development Authority for such duration and upon such 8598
terms and conditions approved by the governing authority of such 8599
public agency and the authority or Mississippi Development 8600
Authority, as applicable. 8601
(iii) Any such county may enter into one or more 8602
agreements with the authority or Mississippi Development Authority 8603
approved by the board of supervisors of the county and, as 8604
applicable, to remit to the authority or Mississippi Development 8605
Authority, as applicable, on an annual or other periodic basis for 8606
a duration up to thirty (30) years, a portion of any fee-in-lieu 8607
of ad valorem taxes, together with a portion of any county ad 8608
valorem taxes, derived from the project. Any such written 8609
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agreement shall be binding upon future boards of supervisors of 8610
the county. 8611
(d) In any county in which there is to be located a 8612
project, the governing authorities of public agencies may: 8613
(i) Transfer and convey among themselves, or to 8614
the authority, the Mississippi Development Authority, the 8615
Mississippi Department of Transportation or any other state 8616
agency, with or without consideration being paid or received, any 8617
real and/or personal property for use in connection with the 8618
location, construction and/or operation of a project or any 8619
facilities or public infrastructure related to the project, and 8620
may accept such transfers or donations; 8621
(ii) Make grants or other contributions of funds 8622
to any public agency and/or any local water association 8623
incorporated as a nonprofit corporation and located within such 8624
county for the purpose of defraying the costs incurred or to be 8625
incurred thereby in connection with water or wastewater-related 8626
infrastructure improvements, including one or more water tanks, 8627
related to the project, and/or undertake the acquisition of real 8628
and/or personal property, or interests therein, with respect to, 8629
and the design, engineering, construction and installation of, any 8630
water or wastewater-related infrastructure, including one or more 8631
water tanks, related to the project, and thereafter transfer and 8632
convey to any other public agency and/or any local water 8633
association any real and/or personal property for use in 8634
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connection with water or wastewater-related infrastructure 8635
improvements, including one or more water tanks, related to the 8636
project, in consideration solely of the acceptance by the public 8637
agency and/or the local water association, as applicable, of such 8638
improvements and its agreement to operate the improvements to 8639
provide water or wastewater-related services to the project; 8640
(iii) Make grants or other contributions of funds 8641
to a municipality located within such county for the purpose of 8642
defraying the costs incurred or to be incurred thereby in 8643
connection with natural gas-related infrastructure improvements 8644
related to the project, and/or undertake the acquisition of real 8645
and/or personal property, or interests therein, with respect to, 8646
and the design, engineering, construction and installation of, any 8647
natural gas-related infrastructure improvements related to the 8648
project, and thereafter transfer and convey to any such 8649
municipality any real and/or personal property for use in 8650
connection with natural gas-related infrastructure improvements 8651
related to the project, in consideration solely of the acceptance 8652
by the municipality of such improvements and its agreement to 8653
operate the improvements to provide natural gas-related services 8654
to the project; 8655
(iv) Make grants or other contributions of funds 8656
to one another, or to the authority, the Mississippi Development 8657
Authority, the Mississippi Department of Transportation or any 8658
other state agency, for use in connection with the location, 8659
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construction and/or operation of such a project or any facilities 8660
or public infrastructure related to the project, and may accept 8661
such grants or contributions of funds; 8662
(v) Make one or more grants or other contributions 8663
of funds to an enterprise or affiliate thereof owning and/or 8664
operating a project in such amount or amounts approved by such 8665
governing authority, and enter into an agreement with such 8666
enterprise that is binding on future governing authorities to make 8667
such grants or other contributions of funds; however, the duration 8668
of any such obligation of the public agency to make such grants or 8669
other contributions shall not exceed thirty (30) years; and 8670
(vi) Provide firefighting, hazardous materials 8671
emergency response, technical rescue and medical response 8672
assistance to the enterprise owning or operating the project, and 8673
enter into an agreement binding on future governing authorities 8674
with such enterprise to provide such firefighting, hazardous 8675
materials emergency response, technical rescue and medical 8676
response assistance for a term not to exceed thirty (30) years, to 8677
be determined by the governing authority of the public agency 8678
entering into such agreement. 8679
(e) In any county in which there is to be located a 8680
project, the public agency seeking to acquire any real property to 8681
be used in connection with the location, construction and/or 8682
operation of the project or any facilities or public 8683
infrastructure related to the project, shall be exempt with 8684
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respect to such property from the requirements of Section 8685
43-37-3(1)(b) and (c) if the purchase price for such property 8686
equals the lowest price negotiated between the owner of the 8687
property and the public agency seeking to acquire the property, 8688
and at which the owner of the property is willing to sell the 8689
property, and any such public agency is further authorized to 8690
procure an option to purchase any such real property for such 8691
purchase price authorized by this subsection for the lowest option 8692
payment at which the owner of the property is willing to grant 8693
such option. 8694
(f) In any county in which there is to be located a 8695
project, upon the conveyance or other disposition of land owned by 8696
a public agency for industrial purposes as provided by law for 8697
such project, the governing authority of the public agency 8698
controlling such lands may enter into a written agreement with the 8699
enterprise owning and/or operating such project pursuant to which 8700
such governing authority may agree to perpetually refrain from 8701
using the surface of such land upon which the project is located 8702
to access any minerals located thereunder in which such public 8703
agency has a retained ownership interest. Any such written 8704
agreement shall be binding upon future governing authorities. 8705
(g) In any county in which there is to be located a 8706
project, the governing authority of the applicable public agency 8707
may enter into an agreement binding on future governing 8708
authorities, for any period not to exceed thirty (30) years to: 8709
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(i) Waive any and all fees and expenses associated 8710
with building permits and privilege licenses required for the 8711
project; 8712
(ii) Establish and/or maintain a rate structure 8713
for water and natural gas supplied to the project and wastewater 8714
received from the project, which shall be no higher than the 8715
lowest tariff prices for such water, natural gas and wastewater 8716
charged to any customer of equal or lesser volume located within 8717
the boundaries of the public agency; and 8718
(iii) Require any contractor hired by the public 8719
agency for purposes of entering onto the project site for such 8720
project to perform work related to the provision of water or 8721
natural gas supply or wastewater services, to procure customary 8722
liability insurance designating the enterprise owning or operating 8723
the project as an additional insured and to contractually 8724
indemnify such enterprise for any losses incurred by the 8725
enterprise as a result of such contractor's negligence and/or 8726
willful acts or omissions arising from the contractor's entry upon 8727
such project site. 8728
(7) (a) As used in this subsection: 8729
(i) "Project" shall have the meaning ascribed to 8730
such term in Section 57-75-5(f)(xxxiii). 8731
(ii) "Public agency" means the county in which the 8732
project is located, any municipality located in the county, and/or 8733
any economic development authority, economic development district, 8734
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industrial development authority, port authority, airport 8735
authority, public utility or similar public agency created 8736
pursuant to state law. 8737
(iii) "Board of education" shall have the meaning 8738
ascribed to such term in Section 29-3-1.1. 8739
(iv) "Superintendent of education" shall have the 8740
meaning ascribed to such term in Section 29-3-1.1. 8741
(b) In any county in which there is to be located a 8742
project, any public agency is authorized to assist as provided in 8743
this paragraph in defraying the costs incurred or to be incurred 8744
by the enterprise establishing the project and/or any public 8745
agency in connection with the location, construction and/or 8746
operation of the project or any facilities or public 8747
infrastructure related to the project. Any such public agency may 8748
provide such assistance by contributing or lending any sum 8749
approved for such purpose by the governing authority of such 8750
public agency, upon such terms as the governing authority of such 8751
public agency may agree, to the entity or public agency that 8752
directly or indirectly incurs or will incur such costs or as 8753
otherwise provided in paragraph (c) of this subsection. The 8754
proceeds of the contribution or loan shall be used by the 8755
recipient in connection with the location, construction and/or 8756
operation of the project or any facilities or public 8757
infrastructure related to the project, including, without 8758
limitation, to defray the costs of site preparation, utilities, 8759
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real estate purchases, purchase options and improvements, 8760
infrastructure, roads, rail improvements, public works, job 8761
training, as well as planning, design and environmental impact 8762
studies with respect to a project, and any other expenses approved 8763
by any such public agency. Any such public agency may 8764
alternatively provide such assistance by undertaking the 8765
acquisition of real and/or personal property, or interests 8766
therein, with respect to, and the design, engineering, 8767
construction and installation of, any facilities or public 8768
infrastructure related to the project regardless of whether it is 8769
the public agency authorized by applicable statutes to operate 8770
such facilities or public infrastructure and/or provide any 8771
utility services therefrom following the completion thereof; 8772
provided that, if the public agency is authorized by applicable 8773
statutes to operate such facilities or public infrastructure 8774
following the completion thereof, such public agency may transfer, 8775
and if the public agency is not authorized by applicable statutes 8776
to operate such facilities or public infrastructure and/or provide 8777
any utility services therefrom following the completion thereof, 8778
the public agency shall transfer such facilities or public 8779
infrastructure to another public agency that is authorized by 8780
applicable statutes to operate such facilities or public 8781
infrastructure and/or provide any utility services therefrom. 8782
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(c) In order to provide the amounts or otherwise 8783
perform any permitted actions set forth in paragraph (b) of this 8784
subsection: 8785
(i) Any such county may appropriate monies from 8786
the county's general fund or provide such amounts from the 8787
proceeds of general obligation bonds or other indebtedness 8788
permitted by any local and private law or other general laws. Any 8789
such county may issue the bonds for such purpose pursuant to the 8790
procedures for the issuance of bonds under Title 19, Chapter 9, 8791
Mississippi Code of 1972, Section 19-5-99 or in any other manner 8792
permitted by any local and private law or other general laws; 8793
(ii) Any public agency may borrow or accept grants 8794
or other funds of such amounts from the authority or the 8795
Mississippi Development Authority for such duration and upon such 8796
terms and conditions approved by the governing authority of such 8797
public agency and the authority or Mississippi Development 8798
Authority, as applicable; and 8799
(iii) Any such county and/or municipality may 8800
enter into one or more agreements with the authority or 8801
Mississippi Development Authority approved by the board of 8802
supervisors of such county and/or the governing authority of such 8803
municipality, as applicable, to remit to the authority or 8804
Mississippi Development Authority, as applicable, on an annual or 8805
other periodic basis for a duration up to thirty (30) years, a 8806
portion of any fee-in-lieu of ad valorem taxes, together with a 8807
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portion of any ad valorem taxes that the county and/or 8808
municipality derives from the project. Any such written agreement 8809
shall be binding upon future governing authorities of the county 8810
and/or municipality, as applicable. 8811
(d) In any county in which there is to be located a 8812
project, the governing authorities of public agencies may: 8813
(i) Transfer and convey among themselves, or to 8814
the authority, the Mississippi Development Authority, the 8815
Mississippi Department of Transportation or any other state 8816
agency, with or without consideration being paid or received, any 8817
real and/or personal property for use in connection with the 8818
location, construction and/or operation of a project or any 8819
facilities or public infrastructure related to the project, and 8820
may accept such transfers or donations; 8821
(ii) Make grants or other contributions of funds 8822
to any public agency and/or any local water association 8823
incorporated as a nonprofit corporation and located within such 8824
county for the purpose of defraying the costs incurred or to be 8825
incurred thereby in connection with water or wastewater-related 8826
infrastructure improvements, including one or more water tanks, 8827
related to the project, and/or undertake the acquisition of real 8828
and/or personal property, or interests therein, with respect to, 8829
and the design, engineering, construction and installation of, any 8830
water or wastewater-related infrastructure, including one or more 8831
water tanks, related to the project, and thereafter transfer and 8832
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convey to any other public agency and/or any local water 8833
association any real and/or personal property for use in 8834
connection with water or wastewater-related infrastructure 8835
improvements, including one or more water tanks, related to the 8836
project, in consideration solely of the acceptance by the public 8837
agency and/or the local water association, as applicable, of such 8838
improvements and its agreement to operate the improvements to 8839
provide water or wastewater-related services to the project; 8840
(iii) Make grants or other contributions of funds 8841
to one another, or to the authority, the Mississippi Development 8842
Authority, the Mississippi Department of Transportation or any 8843
other state agency, for use in connection with the location, 8844
construction and/or operation of such a project or any facilities 8845
or public infrastructure related to the project, and may accept 8846
such grants or contributions of funds; 8847
(iv) Make one or more grants or other 8848
contributions of funds to an enterprise or affiliate thereof 8849
owning and/or operating a project in such amount or amounts 8850
approved by such governing authority, and enter into an agreement 8851
with such enterprise that is binding on future governing 8852
authorities to make such grants or other contributions of funds; 8853
however, the duration of any such obligation of the public agency 8854
to make such grants or other contributions shall not exceed thirty 8855
(30) years; and 8856
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(v) Provide firefighting, hazardous materials 8857
emergency response, technical rescue and medical response 8858
assistance to the enterprise owning or operating the project, and 8859
enter into an agreement binding on future governing authorities 8860
with such enterprise to provide such firefighting, hazardous 8861
materials emergency response, technical rescue and medical 8862
response assistance for a term not to exceed thirty (30) years, to 8863
be determined by the governing authority of the public agency 8864
entering into such agreement. 8865
(e) In any county in which there is to be located a 8866
project, the public agency seeking to acquire any real property to 8867
be used in connection with the location, construction and/or 8868
operation of the project or any facilities or public 8869
infrastructure related to the project, shall be exempt with 8870
respect to such property from the requirements of Section 8871
43-37-3(1)(b) and (c) if the purchase price for such property 8872
equals the lowest price negotiated between the owner of the 8873
property and the public agency seeking to acquire the property, 8874
and at which the owner of the property is willing to sell the 8875
property, and any such public agency is further authorized to 8876
procure an option to purchase any such real property for such 8877
purchase price authorized by this subsection for the lowest option 8878
payment at which the owner of the property is willing to grant 8879
such option. 8880
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(f) In any county in which there is to be located a 8881
project: 8882
(i) Upon the conveyance or other disposition of 8883
land owned by a public agency for industrial purposes as provided 8884
by law for such project, the governing authority of the public 8885
agency controlling such lands may enter into a written agreement 8886
with the enterprise owning and/or operating such project pursuant 8887
to which such governing authority may agree to perpetually refrain 8888
from using the surface of such land upon which the project is 8889
located to access any minerals located thereunder in which such 8890
public agency has a retained ownership interest. Any such written 8891
agreement shall be binding upon future governing authorities. 8892
(ii) Upon the sale of any sixteenth section lands 8893
for industrial purposes as provided by law for such project, the 8894
board of education controlling such lands, the superintendent of 8895
education and the Mississippi Development Authority, acting in 8896
concert on behalf of the state, may sell and convey all minerals 8897
in, on and under any such lands for such consideration determined 8898
to be adequate by, and upon such terms and conditions prescribed 8899
by, the board of education, the superintendent of education and 8900
the Mississippi Development Authority, or may otherwise enter into 8901
a written agreement with the enterprise owning or operating such 8902
project pursuant to which the board of education, the 8903
superintendent of education and the Mississippi Development 8904
Authority may agree to perpetually refrain from using the surface 8905
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of such sixteenth section land upon which the project is located 8906
to access any minerals located thereunder in which the state has a 8907
retained ownership interest. Any such written agreement shall be 8908
binding upon future governing authorities. 8909
(g) In any county in which there is to be located a 8910
project, the governing authority of the applicable public agency 8911
may enter into an agreement binding on future governing 8912
authorities, for any period not to exceed thirty (30) years, to: 8913
(i) Waive or reduce any fees and expenses 8914
associated with building permits and privilege licenses required 8915
for the project; 8916
(ii) Establish and/or maintain a rate structure 8917
for potable water to the project, nonpotable and treated, 8918
reclaimed wastewater supplied to the project for nonpotable 8919
purposes, and wastewater received from the project, which rates 8920
shall be established and/or maintained, as applicable, in the 8921
manner prescribed by state law and the local tariffs of the public 8922
agency providing such water and accepting such wastewater; and 8923
(iii) Require any contractor hired by the public 8924
agency for purposes of entering onto the project site for such 8925
project to perform work related to the provision of water or 8926
wastewater services, to procure customary liability insurance 8927
designating the enterprise owning or operating the project as an 8928
additional insured and to contractually indemnify such enterprise 8929
for any losses incurred by the enterprise as a result of such 8930
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contractor's negligence and/or willful acts or omissions arising 8931
from the contractor's entry upon such project site. 8932
(h) In any county in which there is to be located a 8933
project, the governing authority of any public agency accepting 8934
and treating wastewater from the project may provide and sell to 8935
any public agency providing water to the project treated, 8936
reclaimed wastewater supplied for nonpotable purposes for resale 8937
by such public agency providing water to the project to any 8938
enterprise or affiliate thereof owning and/or operating the 8939
project or any portion thereof for use in the operation of the 8940
project for cooling or other exclusively nonpotable purposes. 8941
Such public agencies may enter into an agreement binding on future 8942
governing authorities thereof, for any period designated thereby, 8943
to memorialize the terms and conditions of the provision, sale and 8944
use of treated, reclaimed wastewater supplied for nonpotable 8945
purposes to the project, including, but not limited to, the rates 8946
applicable for such reclaimed wastewater supplied for nonpotable 8947
purposes. 8948
(8) The powers and authority granted in this section are an 8949
additional, alternative and supplemental method for doing the 8950
things authorized by this section and are additional and 8951
supplemental to, and not in derogation of, any other powers 8952
conferred by law. 8953
SECTION 81. Section 63-3-809, Mississippi Code of 1972, is 8954
brought forward as follows: 8955
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63-3-809. (1) Upon the immediate approach of an authorized 8956
emergency vehicle, when the driver is giving audible signal by 8957
siren, exhaust whistle, or bell, the driver of every other vehicle 8958
shall yield the right-of-way and shall immediately drive to a 8959
position parallel to, and as close as possible to, the right-hand 8960
edge or curb of the roadway clear of any intersection and shall 8961
stop and remain in such position until the authorized emergency 8962
vehicle has passed, except when otherwise directed by a law 8963
enforcement officer. 8964
(2) Upon approaching a stationary authorized emergency 8965
vehicle, when such vehicle is giving a signal by use of flashing, 8966
blinking, oscillating or rotating lights, as authorized under 8967
Section 63-7-19, a person who drives an approaching vehicle shall: 8968
(a) Proceeding with due caution, yield the right-of-way 8969
by making a lane change into a lane not adjacent to that of the 8970
authorized emergency vehicle, if possible with due regard to 8971
safety and traffic conditions, if on a roadway having at least 8972
four (4) lanes with not less than two (2) lanes proceeding in the 8973
same direction as the approaching vehicle; or 8974
(b) Proceeding with due caution, reduce the speed of 8975
the vehicle, maintaining a safe speed for road conditions and 8976
being prepared to stop, if changing lanes would be impossible or 8977
unsafe. 8978
(3) Upon approaching a stationary recovery vehicle, utility 8979
service vehicle, sanitation vehicle, or highway maintenance 8980
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vehicle, when the stationary vehicle is giving a signal by use of 8981
authorized flashing lights, a person who drives an approaching 8982
vehicle shall: 8983
(a) Proceeding with due caution, yield the right-of-way 8984
by making a lane change into a lane not adjacent to the stationary 8985
vehicle, if possible, with due regard to safety and traffic 8986
conditions, if on a roadway having at least four (4) lanes with 8987
not less than two (2) lanes proceeding in the same direction as 8988
the approaching vehicle; or 8989
(b) Proceeding with due caution, reduce the speed of 8990
the vehicle, maintaining a safe speed for road conditions and 8991
being prepared to stop, if changing lanes would be impossible or 8992
unsafe. 8993
(4) For purposes of this section, unless the context 8994
otherwise clearly requires: 8995
(a) "Highway maintenance vehicle" means a vehicle used 8996
for the maintenance of highways and roadways in this state and is: 8997
(i) Owned or operated by the Department of 8998
Transportation, a county, a municipality or other political 8999
subdivision of this state; or 9000
(ii) Owned or operated by a contractor under 9001
contract with the Department of Transportation, a county, a 9002
municipality or other political subdivision of this state. 9003
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(b) "Recovery vehicle" means a truck that is 9004
specifically designed for towing a disabled vehicle or a 9005
combination of vehicles. 9006
(c) "Utility service vehicle" means a vehicle used by 9007
any person, municipality, county, electric cooperative, 9008
corporation, board, commission, district or any entity created or 9009
authorized by public act, private act or general law to provide 9010
electricity, natural gas, water, wastewater services, 9011
telecommunications services or any combination thereof, for sale 9012
to consumers in any particular service area, or by any contractor 9013
under contract with any such entity. 9014
(d) "Sanitation vehicle" means a vehicle used to 9015
collect solid waste, refuse or recyclable material that is: 9016
(i) Owned or operated by a county, a municipality 9017
or other political subdivision of this state; or 9018
(ii) Owned or operated by a contractor under 9019
contract with a county, a municipality or other political 9020
subdivision of this state. 9021
(5) Upon approaching a vehicle that is marked with some 9022
combination of white flashing strobe or amber and red lights, as 9023
provided in Section 63-7-19, that is operated by a United States 9024
rural mail carrier for the purpose of delivering United States 9025
mail, and that is stationary, including when the vehicle is 9026
signaling the intention to enter the roadway, a person who drives 9027
an approaching vehicle shall: 9028
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(a) Proceeding with due caution, yield the right-of-way 9029
by making a lane change into a lane not adjacent to the stationary 9030
vehicle, if possible, with due regard to safety and traffic 9031
conditions, if on a roadway having at least four (4) lanes with 9032
not less than two (2) lanes proceeding in the same direction as 9033
the approaching vehicle; or 9034
(b) Proceeding with due caution, reduce the speed of 9035
the vehicle, maintaining a safe speed for road conditions and 9036
being prepared to stop, if changing lanes would be impossible or 9037
unsafe. 9038
(6) A violation of this section is a misdemeanor punishable 9039
by a fine: 9040
(a) Of not more than Two Hundred Fifty Dollars 9041
($250.00); or 9042
(b) Of not more than One Thousand Dollars ($1,000.00) 9043
if violation of this section results in: 9044
(i) Property damage to the emergency vehicle, 9045
sanitation vehicle, highway maintenance vehicle, utility service 9046
vehicle, recovery vehicle or rural mail carrier vehicle; or 9047
(ii) Bodily injury to the driver or a passenger of 9048
any such vehicle. 9049
(7) This section shall not operate to relieve the driver of 9050
an authorized emergency vehicle, a sanitation vehicle, a recovery 9051
vehicle, a utility service vehicle, a highway maintenance vehicle 9052
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or a rural mail carrier vehicle from the duty to drive with due 9053
regard for the safety of all persons using the roadway. 9054
SECTION 82. Section 77-1-11, Mississippi Code of 1972, is 9055
brought forward as follows: 9056
77-1-11. (1) It shall be unlawful for any public service 9057
commissioner, any candidate for public service commissioner, or 9058
any employee of the Public Service Commission or Public Utilities 9059
Staff to knowingly accept any gift, pass, money, campaign 9060
contribution or any emolument or other pecuniary benefit 9061
whatsoever, either directly or indirectly, from a covered person. 9062
Any person found guilty of violating the provisions of this 9063
subsection shall immediately forfeit his or her office or position 9064
and shall be fined not less than Five Thousand Dollars 9065
($5,000.00), imprisoned in the State Penitentiary for not less 9066
than one (1) year, or both. 9067
(2) It shall be unlawful for a covered person to offer any 9068
gift, pass, money, campaign contribution or any emolument or other 9069
pecuniary benefit whatsoever to any public service commissioner, 9070
any candidate for public service commissioner or any employee of 9071
the Public Service Commission or Public Utilities Staff. Any 9072
party found guilty of violating the provisions of this subsection 9073
shall be fined not less than Five Thousand Dollars ($5,000.00), or 9074
imprisoned in the State Penitentiary for not less than one (1) 9075
year, or both. 9076
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(3) For purposes of this section, the term "emolument" shall 9077
include salary, donations, contributions, loans, stock tips, 9078
vacations, trips, honorarium, directorships or consulting posts. 9079
Expenses associated with social occasions afforded public servants 9080
shall not be deemed a gift, emolument or other pecuniary benefit 9081
as defined in Section 25-4-103(k), Mississippi Code of 1972. 9082
(4) For purposes of this section, the term "Covered Person" 9083
shall include (i) any person interested as owner, agent or legal 9084
representative of any telephone, gas, water, wastewater or 9085
electric public utility as defined in Section 77-3-3(d); (ii) any 9086
person acting at the request or direction of an owner, agent or 9087
legal representative of any telephone, gas, water, wastewater or 9088
electric public utility as defined in Section 77-3-3(d); (iii) any 9089
person, entity or any owner, agent or legal representative of such 9090
person or entity that submits any filing in a Public Service 9091
Commission proceeding in the forty-eight (48) months preceding the 9092
date of the gift, pass, money, campaign contribution or any 9093
emolument or other pecuniary benefit; or (iv) any person acting at 9094
the request or direction of any person, entity or any owner, agent 9095
or legal representative of such person or entity that submits any 9096
filing in a Public Service Commission proceeding in the 9097
forty-eight (48) months preceding the date of the gift, pass, 9098
money, campaign contribution or any emolument or other pecuniary 9099
benefit. Notwithstanding anything to the contrary, a person shall 9100
not be considered a "Covered Person" under this section based 9101
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solely on such person submitting a customer complaint or other 9102
inquiry, formal or informal, to the Public Service Commission or 9103
Public Utilities Staff concerning service, billing or any other 9104
aspect of the service provided by a public utility to such person. 9105
(5) For purposes of this section, a person who is a member 9106
of a water, gas, electric or other cooperative association 9107
regulated by the Public Service Commission shall not, by virtue of 9108
such membership, be deemed an owner, agent or representative of 9109
such association unless such person is acting in any respect for 9110
or as an owner, agent or representative of such association; nor 9111
shall a person who owns less than one-half of one percent (1/2 of 9112
1%) in stock, the value thereof not to exceed Ten Thousand Dollars 9113
($10,000.00), of any public utility that is regulated by the 9114
Public Service Commission, or of any holding company of such 9115
public utility, by virtue of such ownership, be deemed an owner, 9116
agent or representative of such public utility unless such person 9117
is acting in any respect for or as an owner, agent or 9118
representative of such public utility. 9119
(6) This section shall stand repealed on December 31, 2027. 9120
SECTION 83. Section 77-3-97, Mississippi Code of 1972, is 9121
brought forward as follows: 9122
77-3-97. (1) The Legislature finds that the conservation of 9123
water resources is vitally important to the future of our state, 9124
and that in order to enhance the conservation of water resources, 9125
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it is necessary to grant specific authority for the provision of 9126
submetering of water and wastewater disposal service. 9127
(2) As used in this section, the following words and phrases 9128
have the meanings ascribed in this subsection, unless the context 9129
clearly indicates otherwise: 9130
(a) "Apartment house" means one or more buildings 9131
containing four (4) or more dwelling units that are occupied 9132
primarily for nontransient use, including a residential 9133
condominium whether rented or owner occupied, and if a dwelling 9134
unit is rented, having rental paid at intervals of one (1) month 9135
or longer. 9136
(b) "Dwelling unit" means one or more rooms in an 9137
apartment house or condominium, suitable for occupancy as a 9138
residence, and containing kitchen and bathroom facilities, or a 9139
manufactured home in a manufactured home community. 9140
(c) "Customer" means the individual, firm or 9141
corporation in whose name a master meter has been connected by a 9142
public utility. 9143
(d) "Owner" means the legal titleholder of an apartment 9144
house or manufactured home community and any individual, firm or 9145
corporation that purports to be the landlord of tenants in the 9146
apartment house or manufactured home community. 9147
(e) "Tenant" means a person who is entitled to occupy a 9148
dwelling unit to the exclusion of others and who is obligated to 9149
pay for the occupancy under a written or oral rental agreement. 9150
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(f) "Manufactured home community" means a property on 9151
which spaces are rented for the occupancy of: (i) manufactured 9152
homes for nontransient residential use and for which rental is 9153
paid at intervals of one (1) month or longer; or (ii) recreational 9154
vehicles for nontransient residential use for a time period of 9155
three (3) months or longer. 9156
(g) "Submetering" means the use of a metering device by 9157
a customer who receives water and wastewater service from a public 9158
utility, which metering device measures water supplied to a tenant 9159
for the purpose of the customer's charging the tenant of a 9160
dwelling unit separately for water and wastewater usage. 9161
(3) (a) An apartment house owner, manufactured home 9162
community owner or condominium manager may provide for submetering 9163
of each dwelling unit or rental unit for the measurement of the 9164
quantity of water consumed by the occupants of the unit. If 9165
submetering is utilized, tenants may be charged separately for 9166
water and wastewater services on a pass through allocated basis 9167
for charges incurred by the customer. The charges for a tenant 9168
may not exceed the tenant's pro rata share of all water and 9169
wastewater services used by all of the tenants in that apartment 9170
house, manufactured home community or condominium. 9171
(b) Any apartment house owner, manufactured home 9172
community owner or condominium manager utilizing submetering 9173
pursuant to this section shall disclose the submetering to each 9174
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ST: Wastewater treatment and rural water
associations; bring forward provisions related
to.
tenant and obtain from the tenant an acknowledgment of the 9175
submetering in a written document. 9176
(c) Submeters installed pursuant to this section must 9177
meet the American Water Works Association standards for accuracy. 9178
(d) In rendering charges to tenants pursuant to this 9179
section, the customer shall provide: 9180
(i) Beginning and ending meter reads; 9181
(ii) A statement that the bill is not from the 9182
public utility; and 9183
(iii) A telephone number for tenant inquiries on 9184
the bill. 9185
(e) Water and wastewater services utilized by the 9186
tenant may not be disconnected for nonpayment of submetered bills. 9187
SECTION 84. This act shall take effect and be in force from 9188
and after July 1, 2026, and shall stand repealed on June 30, 2026. 9189