Public utilities; require at least 45 days between reading of meter and bills rendered for any utility service.

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To: Public Utilities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Waldo

HOUSE BILL NO. 1368

AN ACT TO REQUIRE THAT BILLS FOR ANY UTILITY SERVICE SHALL BE 1
RENDERED WITHIN FORTY-FIVE DAYS FROM THE READING OF THE METER; TO 2
BRING FORWARD SECTIONS 21-27-7, 21-27-23, 21-27-47 AND 21-27-165, 3
MISSISSIPPI CODE OF 1972, WHICH RELATE TO MUNICIPALLY OWNED 4
UTILITIES, FOR PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD 5
SECTIONS 77-3-2, 77-3-45, 77-3-301, 77-3-303, 77-5-23, 77-5-35, 6
77-5-155, 77-5-743, 77-5-745, 77-6-35 AND 77-6-37, MISSISSIPPI 7
CODE OF 1972, WHICH RELATE TO THE REGULATION OF PUBLIC UTILITIES, 8
FOR PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Bills for any utility service shall be rendered 11
within forty-five (45) days from the reading of the meter except 12
as may be otherwise specifically authorized by the commission. 13
SECTION 2. Section 21-27-7, Mississippi Code of 1972, is 14
brought forward as follows: 15
21-27-7. (1) (a) The governing authorities of 16
municipalities shall have the power to erect, purchase, maintain 17
and operate waterworks, and to regulate the same, and to prescribe 18
the rates at which water shall be supplied to the users. The 19
rates at which water, wastewater, and sewer services shall be 20
supplied shall be just and reasonable based on the actual cost to 21
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operate and maintain the systems, and rates may not be 22
unreasonably preferential, prejudicial or discriminatory but shall 23
be sufficient, equitable and consistent in application to each 24
class of users. While a municipality may set different rates for 25
different classifications of users, a municipality shall not 26
discriminate in setting rates among members of the same 27
classification. The municipal governing authorities shall make a 28
finding on the minutes of the governing body establishing the rate 29
based on the actual cost to operate and maintain the system. A 30
municipality shall not charge a user a fee for services received 31
which is less than the cost incurred by the municipality to 32
provide such services. 33
(b) The governing authorities of a municipality shall 34
establish and maintain rates and charges in equitable proportion 35
to the use of the services and benefits rendered by the waterworks 36
systems and water treatment facilities serving the municipal area. 37
From time to time the governing authorities shall adjust such 38
rates, to the end that the revenues therefrom will be sufficient 39
at all times to pay the expenses of operating and maintaining such 40
works, facilities and systems and all of the municipality's 41
obligations under any contract or bond resolution with respect 42
thereto. The calculation of a user's bill shall be limited to the 43
actual amount of volumetric usage, plus those fees reasonable and 44
necessary for the cost of capital expenses, system operation and 45
maintenance, and debt service. 46
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(c) If a user's meter is tampered with, unreadable, or 47
otherwise out-of-order, a municipality may render an estimated 48
bill to that user for a period not to exceed six (6) months. In 49
such circumstance, an estimated bill shall be based upon the prior 50
average measured usage of the user or a similar user of the same 51
classification. 52
(i) Only in the event a municipality is unable to 53
meet the requirement of billing based solely on volumetric usage, 54
such municipality may bill based on a flat fee rate where such 55
municipality has established flat fee billing as its usual and 56
customary billing practice prior to July 1, 2023, and where such 57
municipality is actively billing based upon a flat fee rate as of 58
July 1,2023. In such circumstances, flat fee billing may be 59
utilized until such time as the municipality implements upgrades 60
to its system to provide for volumetric billing. In such 61
circumstance, the municipality may set different flat fee rates 62
for different classifications of users, but the municipality shall 63
not discriminate in setting flat fee rates among members of the 64
same classification, and the municipality shall not charge a user 65
a fee for services received that is less than the cost incurred by 66
the municipality to provide such services. 67
(ii) The governing authorities of the municipality 68
shall make a finding annually on the minutes of the governing body 69
establishing the rate based upon the actual cost to operate and 70
maintain the system as determined under Generally Accepted 71
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Accounting Principles, and the municipality shall not charge a 72
user a fee for services received that is less than the cost 73
incurred by the municipality, or based on the assessed value of 74
the property, to provide such services. 75
(d) Notice of any change in the rate or rate structure 76
at which services are supplied shall be posted on all bills sent 77
to users at least one (1) month prior to the effective date of the 78
rate change. Notice shall also be posted to the municipality's 79
online web page or bill payment platform, if the municipality has 80
an online web page or bill payment platform. 81
(e) Nothing in this statute shall be construed as 82
prohibiting a user or governing authority of any municipality from 83
applying for and receiving any federally or privately subsidized 84
payment assistance, grant or other funds. 85
(f) The governing authority of a municipality may 86
provide for the calculation of a user's bill by a method other 87
than volumetric usage only in exchange for consideration as part 88
of, or in connection with, an incentive contract or other form of 89
benefit or assistance related to the user's location, expansion, 90
or maintenance of its commercial or industrial operation within 91
the municipality, so long as such rate is equitable, fair, and 92
nondiscriminatory, and the municipality shall not charge such user 93
a fee for services received that is less than the cost incurred by 94
the municipality to provide such services. 95
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(2) The governing authorities of municipalities shall have 96
the power to acquire by purchase, donation or condemnation, in the 97
name of the municipality, suitable grounds, within or without the 98
corporate limits, upon which to erect waterworks, and also the 99
right-of-way to and from such works and the right-of-way for 100
laying water pipes within the corporate limits, and from such 101
waterworks to the municipality, and to extend such right-of-way 102
from time to time. The governing authorities shall have the power 103
to contract with any person for the maintenance and operation of 104
waterworks. The authorities shall have the power to contract with 105
any person for the erection and maintenance of waterworks for a 106
term not exceeding twenty-five (25) years, fixing water rates in 107
the contract subject to municipal regulations. A contract for the 108
erection or purchase of waterworks shall not, however, be entered 109
into until submitted to a vote of the qualified electors and 110
approved by a majority of those voting. A contract for 111
maintenance under which the person who will perform such 112
maintenance is wholly or partially responsible for fixing water 113
rates shall not be entered into until submitted to a vote of the 114
qualified electors and approved by a majority of those voting. It 115
shall be unlawful for any municipally owned waterworks to supply 116
water free of charge, or in any amount less than the fixed 117
charges, to any person, firm or corporation, except as is 118
expressly authorized by law. 119
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SECTION 3. Section 21-27-23, Mississippi Code of 1972, is 120
brought forward as follows: 121
21-27-23. Any municipality may: 122
(a) Borrow money and issue revenue bonds therefor 123
solely for the purposes specified in this section and by the 124
procedure provided in Sections 21-27-41 through 21-27-69. 125
Money may be borrowed and bonds issued by any municipality of 126
the State of Mississippi, as defined in Section 21-27-11, to 127
acquire or improve any waterworks system, water supply system, 128
sewerage system, sewage disposal system, garbage disposal system, 129
rubbish disposal system or incinerators, gas producing system, gas 130
generating system, gas transmission system, or gas distribution 131
system, electric generating, transmission or distribution system, 132
railroad transportation system for passengers and freight, or 133
motor vehicle transportation system, including any combination of 134
any or all of those systems into one (1) system, within or without 135
the corporate limits thereof, for the purpose of supplying the 136
municipality and the persons and corporations, both public and 137
private, whether within or without its corporate limits, with the 138
services and facilities afforded by the system, provided that 139
water, electric energy, or gas afforded by any system or systems 140
may be supplied to such ultimate consumers thereof by sale thereof 141
to the owners or operators of a distribution system for resale to 142
the public. Any municipality which shall borrow money and issue 143
revenue bonds to provide funds with which to acquire a gas 144
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transmission system, if necessary in order to reach and obtain a 145
source of supply of gas for the municipality, may extend or 146
construct its gas transmission line into an adjoining state, and 147
may use and expend part of the proceeds of such issue of revenue 148
bonds for the purpose. 149
(b) To assume all indebtedness for any system or 150
systems which may be acquired under the provisions of this section 151
as all or part of the consideration for the acquisition of such 152
system or systems and to issue its revenue bonds in exchange for 153
the bonds or notes evidencing the indebtedness. 154
(c) To acquire or improve any system which it is 155
authorized to borrow money and issue revenue bonds under 156
subsection (a) of this section to acquire or improve; and to make 157
contracts in furtherance thereof or in connection therewith. 158
(d) To own, operate and maintain any such system or 159
combination of any and all of said systems into one (1) system. 160
(e) To establish, maintain and collect rates for the 161
facilities and services offered by any such system; provided that 162
if there is a combination of systems into one or more systems, the 163
municipality establishing the same shall be and is empowered to 164
establish, maintain and collect rates for any and all of the 165
services or for any combination thereof, and the municipality may 166
discontinue any or all of the services upon any failure to 167
promptly pay the charges fixed for the services. The rates so 168
fixed for services rendered by any system or combination thereof 169
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may be charged for all services rendered thereby, regardless of 170
whether the services may have been previously rendered without 171
rates or charges therefor by the previously existing waterworks 172
system, water supply system, sewerage system, sewage disposal 173
system, garbage disposal system, rubbish disposal system or 174
incinerators, gas producing system, gas generating system, gas 175
transmission system, or gas distribution system, electric 176
generating, transmission or distribution system, which shall have 177
been merged into the combined system. Any such municipality may 178
pledge for the payment of any bonds issued to acquire or improve 179
any such combined system, or to refund any bonds previously issued 180
to acquire or improve any such combined system or to acquire or 181
improve any system merged with such combined system, the revenues 182
to be derived from the operation of such combined system, 183
including the charges authorized to be imposed by this section. 184
A municipality may authorize a municipally owned utility to 185
make early payment of the utility's bills to its electricity 186
suppliers which offer early payment discounts to the municipally 187
owned utility. The municipality may immediately refund to a 188
customer of the municipally owned utility his or her deposit for 189
municipal utility services after the municipal utility has 190
determined that payment for all services and any other obligations 191
which the customer may have incurred in regard to the municipal 192
utility has been made. 193
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If the revenues of any previously existing system being 194
merged into a combined system are subject to a prior lien, the 195
revenues and the expenses of any previously existing system shall 196
be accounted for separately to the extent necessary to satisfy the 197
covenants relating to the prior lien for so long as the 198
indebtedness secured by the revenues shall remain outstanding. 199
Only surplus revenues remaining after the satisfaction of all 200
covenants relating to the outstanding indebtedness may be pledged 201
to the retirement of any indebtedness to be secured by the 202
revenues of a combined system. The existence of the outstanding 203
indebtedness shall not, in and of itself, prevent the combining of 204
systems as herein provided, so long as the prior lien on the 205
revenues of any previously existing system is fully satisfied from 206
the revenues of the previously existing system. 207
(f) To acquire property, real or personal, which may be 208
necessary to effectuate the powers conferred by this section. The 209
municipality may purchase electric transmission line materials, 210
electric distribution system substation equipment, transformer 211
equipment, and all other appliances, apparatus, machinery, 212
equipment and appurtenances necessary for the sale of electricity, 213
such as utility vehicles and fencing, from the surplus inventory 214
of the Tennessee Valley Authority or any other similar agency of 215
the federal government and electric power associations. These 216
purchases by the municipality shall be exempt from the public bid 217
requirements prescribed in Sections 31-7-12 and 31-7-13. If the 218
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power of eminent domain is exercised, it shall be exercised in the 219
manner provided by Sections 11-27-1 through 11-27-51. 220
(g) To enter into contract with the United States of 221
America or any agency thereof, under the provisions of acts of the 222
Congress of the United States, to aid or encourage public works 223
and the regulations made in pursuance thereof, for the sale of 224
bonds issued in accordance with the provisions of Sections 225
21-27-41 through 21-27-69 or for the acceptance of a grant to aid 226
such municipality in acquiring or improving any such system; and 227
the contracts may contain terms and conditions as may be agreed 228
upon by and between the municipality and the United States of 229
America or any agency thereof, or any purchaser of the bonds. 230
(h) To adopt the ordinances and resolutions and to do 231
all things and perform all acts necessary, proper or desirable to 232
effectuate the full intent and purpose of Sections 21-27-11 233
through 21-27-69, including processing, marketing, custom 234
processing, sale and resale of materials processed through any 235
facility under its jurisdiction. 236
(i) To borrow from the Mississippi Development Bank in 237
order to fund the advance purchase of energy for its gas 238
producing, generating, transmission or distribution system or its 239
electric generating, transmission or distribution system. 240
(j) Enter into an interlocal agreement in accordance 241
with Section 21-27-75. 242
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SECTION 4. Section 21-27-47, Mississippi Code of 1972, is 243
brought forward as follows: 244
21-27-47. Any municipality having outstanding bonds issued 245
pursuant to the authority granted in Section 21-27-23 shall 246
maintain rates for all the services and facilities afforded by any 247
system, the revenues of which are pledged to the payment of such 248
bonds, which rates shall be sufficient at all times to maintain an 249
interest and bond redemption fund sufficient to pay the interest 250
on and principal of such bonds as and when the same become due and 251
payable and, if so provided in the ordinance authorizing such 252
bonds, to accumulate a reserve in such fund, and to provide for 253
the payment of such cost of operation and maintenance as may be 254
necessary to keep such system at all times in good repair and 255
working order. Such rates shall be fixed by separate ordinance 256
precedent to or at the time of the issuance of such bonds and 257
shall be revised from time to time so as to produce the amounts 258
necessary to provide for the foregoing. Bonds issued pursuant to 259
the authority granted in Section 21-27-23 to acquire or improve a 260
system shall be secured by a pledge of an amount of the gross 261
revenues of such system sufficient to maintain such an interest 262
and bond redemption fund. However, if there are then outstanding 263
bonds to the payment of which the revenues of a system have been 264
previously pledged, then, until said outstanding bonds have been 265
retired, bonds issued to improve such system shall be secured by a 266
pledge of the revenues of the system in such an amount only after 267
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deductions have been made for servicing the said outstanding bonds 268
and for maintaining and operating the system. Notwithstanding the 269
above provisions, all revenue bonds issued for a specific utility 270
may be issued on an equivalent basis, provided that each and every 271
ordinance authorizing each and every bond issued shall clearly 272
state the basis on which future revenue bond issues shall be 273
provided for in order to place them on an equivalent basis with 274
prior issues. 275
SECTION 5. Section 21-27-165, Mississippi Code of 1972, is 276
brought forward as follows: 277
21-27-165. A municipality is authorized and empowered to 278
acquire, construct, improve, enlarge, extend, repair, operate and 279
maintain one or more sewage disposal systems and make contracts 280
with any person or any public agency, under the terms of which the 281
municipality will, within or without the municipality but within 282
its metropolitan area, collect, transport, treat or dispose of 283
waste for such person or public agency. A municipality may also 284
enter into contracts with any person to purchase or sell, by 285
installments over such term as may be deemed desirable, or 286
otherwise, any waste collection, transportation, treatment or 287
sewage disposal facilities or systems. A municipality is also 288
authorized to enter into operating agreements with any person, for 289
such terms and upon such conditions as may be deemed desirable, 290
for the operation of any waste collection, transportation, 291
treatment or sewage disposal facilities or systems of any person 292
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by the municipality; and a municipality may lease to or from any 293
person, for such term and upon such conditions as may be deemed 294
desirable, any waste collection, transportation, treatment or 295
sewage disposal facilities or systems. 296
SECTION 6. Section 77-3-2, Mississippi Code of 1972, is 297
brought forward as follows: 298
77-3-2. (1) The Legislature finds and determines that the 299
rates, services and operations of public utilities as defined in 300
this title are affected with the public interest and that the 301
availability of an adequate and reliable service by such public 302
utilities to the people, economy and government of the State of 303
Mississippi is a matter of public policy. The Legislature hereby 304
declares to be the policy of the State of Mississippi: 305
(a) To provide fair regulation of public utilities in 306
the interest of the public; 307
(b) To promote the inherent advantage of regulated 308
public utilities; 309
(c) To promote adequate, reliable and economical 310
service to all citizens and residents of the state; 311
(d) To provide just and reasonable rates and charges 312
for public utility services without unjust discrimination, undue 313
preferences or advantages, or unfair or destructive competitive 314
practices and consistent with long-term management and 315
conservation of energy resources by avoiding wasteful, uneconomic 316
and inefficient uses of energy; 317
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(e) To encourage and promote harmony between public 318
utilities, their users and the environment; 319
(f) To foster the continued service of public utilities 320
on a well-planned and coordinated basis that is consistent with 321
the level of service needed for the protection of public health 322
and safety and for the promotion of the general welfare; 323
(g) To cooperate with other states and the federal 324
government in promoting and coordinating interstate and intrastate 325
public utility service and reliability; 326
(h) To encourage the continued study and research for 327
new and innovative rate-making procedures which will protect the 328
state, the public, the ratepayers and the utilities, and where 329
possible reduce the costs of the rate-making process; and 330
(i) With respect to rate-regulated public utilities, to 331
foster, encourage, enable and facilitate economic development in 332
the State of Mississippi, to support and augment economic 333
development activities, to expand deployment of existing and 334
emerging technologies, including fiber-optic infrastructure which 335
will foster a more reliable and resilient utility delivery system 336
and provide customer access to enhanced services, to authorize and 337
empower the Public Service Commission in carrying out its 338
statutory responsibilities, and to take every opportunity to 339
advance the economic development of the state. 340
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(2) To these ends, therefore, authority shall be vested in 341
the Mississippi Public Service Commission to regulate public 342
utilities in accordance with the provisions of this title. 343
(3) (a) The commission shall, in addition to its other 344
powers and duties, be authorized and empowered, in its discretion, 345
to consider and adopt a formula type rate of return evaluation 346
rate which may include provision for the commission to: 347
(i) Periodically review and adjust, if required, 348
the utility's level of revenues based upon the actual books and 349
records of the utility which are periodically the subject of 350
independent audits and regulatory audits; 351
(ii) Review the utility's performance in certain 352
areas or categories which may be used by the commission in the 353
manner selected by it which may include rate incentives or 354
penalties so long as such are found to be fair and reasonable and 355
result in a level of revenue which is fair and reasonable; and 356
(iii) Use such other provisions which may be 357
permitted by this chapter. 358
(b) When a formula type rate of return evaluation rate 359
with periodic revenue adjustments is adopted by the commission, 360
each periodic revenue adjustment will be separately considered for 361
the purpose of determining whether a hearing is required pursuant 362
to Section 77-3-39(1), and no such hearing shall be required if 363
the amount of any separate periodic adjustment to the level of 364
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revenues of the utility is not a "major change" as defined in 365
Section 77-3-37(8). 366
(c) In administering any such formula type rate of 367
return evaluation rate, the following procedures shall be observed 368
by the commission: 369
(i) Each periodic evaluation shall be supported 370
with a sworn filing by the utility incorporating the data 371
specified in the formula rate adopted by the commission, and such 372
data shall be verified by the commission; and 373
(ii) A hearing shall be required, as provided by 374
law, to determine compliance with the formula rate plan and the 375
accuracy of the data prior to any change in the level of revenues 376
if the cumulative change in any calendar year exceeds the greater 377
of Two Hundred Thousand Dollars ($200,000.00) or four percent (4%) 378
of the annual revenues of the utility. 379
(d) The requirements of paragraphs (a), (b) and (c) of 380
this subsection and other applicable provisions of Title 77, 381
Chapter 3, Article 1, Mississippi Code of 1972, which are observed 382
by the commission in administering such rate, are hereby declared 383
to be procedural but are not required to be included in the rate 384
itself. 385
(4) It is the intention of the Legislature to validate, 386
retroactively to its initial adoption by the commission, any 387
formula type rate, including any revenue adjustments effected 388
pursuant thereto, which has heretofore been adopted by the 389
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commission. For the purposes of the retroactive validation and 390
the administration of any formula type rate heretofore adopted by 391
the commission, should the provisions of Title 77, Chapter 3, 392
Article 1, Mississippi Code of 1972, conflict with any provisions 393
of such formula type rate, Title 77, Chapter 3, Article 1, 394
Mississippi Code of 1972, shall be interpreted to prevail and the 395
formula type rate shall hereafter be administered or revised to 396
conform to Title 77, Chapter 3, Article 1, Mississippi Code of 397
1972; provided, however, such conflict, if any, shall not be held 398
to invalidate the retroactive effect of this section upon such 399
rate. 400
SECTION 7. Section 77-3-45, Mississippi Code of 1972, is 401
brought forward as follows: 402
77-3-45. The commission shall prescribe, issue, amend and 403
rescind such reasonable rules and regulations as may be reasonably 404
necessary or appropriate to carry out the provisions of this 405
chapter. No rule or regulation shall be effective until thirty 406
(30) days after a notice setting forth either the terms or 407
substance thereof or a description of the subjects and issues 408
involved and the time and place of a hearing thereon shall have 409
been published in a newspaper of general circulation in the state. 410
The commission shall file the notice with the Secretary of State 411
pursuant to the Mississippi Administrative Procedures Law and mail 412
a copy of it to all affected public utilities. The commission 413
shall mail a copy of the proposed rule or regulation to any public 414
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utility that requests a copy. The hearing may be held at any time 415
twenty (20) days after date of publication of the notice, but the 416
rules or regulations shall not become effective until a hearing 417
thereon. A proceeding to contest any rule or regulation due to 418
noncompliance with the procedural requirements of this section 419
must be commenced within one (1) year from the effective date of 420
the rule or regulation. All rules and regulations of the 421
commission shall be filed with its executive secretary and shall 422
be readily available for public inspection and examination during 423
reasonable business hours. Any interested person shall have the 424
right to petition the commission for issuance, amendment or repeal 425
of a rule or regulation. 426
The commission shall, in the exercise of its power to 427
promulgate rules and regulations, adopt standard practices and 428
procedures: 429
(a) To specify what costs may be used for determining a 430
public utility's rate base, which balance the interests of 431
consumers and investors; 432
(b) To prescribe the time period for measuring a public 433
utility's rate base; 434
(c) To specify allowable operating expenses, provided, 435
however, that the commission shall exclude from a public utility's 436
allowable operating expenses any interest such utility paid, or 437
credited, to its consumers in connection with refunds in a rate 438
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proceeding in which its rates were finally determined to be 439
excessive; 440
(d) To determine accurately the capital costs of a 441
public utility; 442
(e) To define specific costs which may be included by a 443
public utility in its monthly fuel adjustment clause retail 444
billings; 445
(f) To define specific costs which may be included by a 446
public utility distributing gas in its monthly purchased gas 447
adjustments retail billings; 448
(g) To prescribe minimal uniform standards of service 449
for various classes of public utilities; and 450
(h) To provide for any other rules and regulations 451
deemed by the commission to be appropriate for carrying out the 452
provisions of this chapter. 453
SECTION 8. Section 77-3-301, Mississippi Code of 1972, is 454
brought forward as follows: 455
77-3-301. Any person, firm, copartnership or corporation 456
doing business in the State of Mississippi and engaged in the sale 457
or distribution of electricity, gas or water, whose rates or 458
tariffs for such service contain any form of so-called "service 459
charge," shall be required to have fair and reasonable optional 460
rate schedules and minimum charges that do not contain any form of 461
such so-called "service charge," so that the consumer may exercise 462
his option as to the form of rate schedule under which said 463
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consumer will be billed for service used. Such optional rate 464
schedules shall not require the payment for each unit of 465
electricity, gas, or water consumed, at a rate in excess of the 466
rates per unit prescribed for use which were in effect prior to 467
the establishment of a "service charge" by such person, firm or 468
corporation affected hereby. 469
SECTION 9. Section 77-3-303, Mississippi Code of 1972, is 470
brought forward as follows: 471
77-3-303. All bills rendered to consumers by any public 472
service utility affected by this article shall be itemized so as 473
to show in detail the amount of electricity, gas or water consumed 474
and the rate per unit charged. 475
SECTION 10. Section 77-5-23, Mississippi Code of 1972, is 476
brought forward as follows: 477
77-5-23. The authority shall have power: 478
(a) To sue and be sued. 479
(b) To have a seal and alter the same at pleasure. 480
(c) To render service to the inhabitants of the state 481
and, by contract or contracts with any person, federal agency or 482
municipality or by its own employees, to acquire, own, operate, 483
maintain and improve a system or systems. 484
(d) To acquire, hold and dispose of property, real and 485
personal, tangible and intangible, or interests therein, in its 486
own name, subject to mortgages or other liens or otherwise and to 487
pay therefor in cash or on credit, and to secure and procure 488
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payment of all or any part of the purchase price thereof on such 489
terms and conditions as the board shall determine. 490
(e) To cause surveys to be made of areas throughout the 491
state for the purpose of determining the economic soundness of the 492
acquisition of a system or systems therein, to make plans and 493
estimates of the cost of such system or systems and in connection 494
therewith to enter on any lands, waters and premises for the 495
purpose of making such surveys, soundings and examinations. 496
(f) To have complete control and supervision of the 497
system or systems and to make such rules and regulations governing 498
the rendering of service thereby as, in the judgment of the board, 499
may be just and equitable. 500
(g) To fix, maintain and collect rates and charges for 501
service. 502
(h) To use any right-of-way, easement or other similar 503
property right necessary or convenient in connection with the 504
acquisition, improvement, operation or maintenance of a system or 505
systems, held by the state or any political subdivision thereof, 506
provided, that the governing body of such political subdivision 507
shall consent to such use. 508
(i) To execute all instruments necessary or convenient 509
including, but not limited to, indentures of trust, leases, and 510
bonds. 511
(j) To borrow money and issue bonds and to provide for 512
the rights of the holders thereof. 513
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(k) To accept gifts or grants of money or property, 514
real or personal, and voluntary and uncompensated services from 515
any person, federal agency or municipality. 516
(l) To condemn any land, easements, or rights-of-way, 517
either on, under, or above the ground as the board may deem 518
necessary for any of the purposes mentioned in this article, and 519
such property or interest in such property may be so acquired 520
whether or not the same is owned or held for public use by 521
corporations, associations or persons having the power of eminent 522
domain or otherwise held or used for public purposes. Such power 523
of condemnation may be exercised in the mode or method of 524
procedure prescribed by Chapter 27, Title 11, of the Mississippi 525
Code of 1972, or in the mode or method of procedure prescribed by 526
any other applicable statutory provisions now in force or 527
hereafter enacted for the exercise of the power of eminent domain. 528
Where condemnation proceedings become necessary the judge of the 529
circuit court in which such proceedings are filed shall upon 530
application of the authority and upon the deposit in the court, to 531
the use of the person or persons lawfully entitled thereto, of 532
such an amount as the judge may deem necessary to assure just 533
compensation, order that the right of possession shall issue 534
immediately or as soon and upon such terms as the judge, in his 535
discretion, may deem proper and just. Upon application of the 536
parties in interest, the judge may order that the money deposited 537
in the court, or any part thereof, be paid forthwith for or on 538
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account of the just compensation to be awarded in said 539
proceedings. 540
(m) To make any and all contracts necessary or 541
convenient for the full exercise of the powers herein granted, 542
including, but not limited to, contracts with any person, federal 543
agency, or municipality (a) for the purchase or sale of energy, 544
(b) for the management and conduct of the business of the 545
authority or any part thereof, and (c) for the acquisition of all 546
or part of any system or systems. In connection with any such 547
contract the authority shall have the power to stipulate and agree 548
to such covenants, terms and conditions as the board may deem 549
appropriate, including, but without limitations, covenants, terms 550
and conditions with respect to the resale rates, financial and 551
accounting methods, services, operation and maintenance practices, 552
and the manner of disposing of the revenues of the system or 553
systems conducted and operated by the authority. 554
(n) To do any and all acts and things herein authorized 555
or necessary or convenient to carry out the powers expressly given 556
in this article under, through or by means of its own officers, 557
agents and employees, or by contracts with any person, federal 558
agency or municipality. 559
(o) To pledge all or any part of its revenues and to 560
mortgage or otherwise incumber all or any part of its property for 561
the purpose of securing the payment of the principal and interest 562
on any of its bonds or other obligations. 563
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SECTION 11. Section 77-5-35, Mississippi Code of 1972, is 564
brought forward as follows: 565
77-5-35. The state does pledge to and agree with the holders 566
of bonds issued by the authority that the state will not limit or 567
alter the rights and powers vested in the authority to fix and 568
collect such rates, fees and charges as may be necessary or 569
advisable in order to produce sufficient revenue to meet all 570
expenses of maintenance and operation of its system or systems and 571
to fulfill the terms of any agreements made with the holders of 572
such bonds, or in any way impair the rights and remedies of the 573
holders of such bonds, until such bonds together with interest 574
thereon, and interest on any unpaid installments of interest, and 575
all costs and expenses in connection with any suits, actions or 576
proceedings by or on behalf of such bondholders are fully paid and 577
discharged. 578
SECTION 12. Section 77-5-155, Mississippi Code of 1972, is 579
brought forward as follows: 580
77-5-155. Any district created pursuant to this article 581
shall have the power: 582
(a) To sue and be sued 583
(b) To have a seal 584
(c) To acquire by purchase, gift, devise, lease or 585
exercise of the power of eminent domain or other mode of 586
acquisition and to hold and dispose of real and personal property 587
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of every kind within or without the district, subject to mortgages 588
or any other liens. 589
(d) To make and enter into contracts, conveyances, 590
mortgages, deeds of trust, bonds or leases. 591
(e) To incur debts, to borrow money, to issue 592
negotiable bonds and other evidences of indebtedness and to 593
provide for the rights of holders thereof. 594
(f) To fix, maintain and collect rates and charges for 595
any service. 596
(g) To pledge all or any part of its revenues. 597
(h) To make such covenants in connection with the 598
issuance of bonds, or to secure the payment of bonds, that a 599
private business corporation can make under the general laws of 600
the state, notwithstanding that such covenants may operate as 601
limitations on the exercise of any power granted by this article. 602
(i) To use any right of way, easement or other similar 603
property right necessary or convenient in connection with the 604
acquisition, improvement, operation or maintenance of a utility, 605
held by the state or any political subdivision thereof, provided 606
that the governing body of such political subdivision shall 607
consent to such use. 608
SECTION 13. Section 77-5-743, Mississippi Code of 1972, is 609
brought forward as follows: 610
77-5-743. A municipality is hereby authorized to fix, charge 611
and collect rents, rates, fees and charges for electric power and 612
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energy and other services, facilities and commodities sold, 613
furnished or supplied through the facilities of its electric 614
system or its interest in any joint project. For so long as any 615
bonds of a municipality are outstanding and unpaid, the rents, 616
fees and charges shall be so fixed as to provide revenues 617
sufficient to pay all costs of and charges and expenses in 618
connection with the proper operation and maintenance of its 619
electric system, and its interest in any joint project, and all 620
necessary repairs, replacements or renewals thereof, to pay when 621
due the principal of, premium, if any, and interest on all bonds 622
and other evidences of indebtedness payable from said revenues, to 623
create and maintain reserves as may be required by any resolution 624
authorizing and securing bonds, to pay when due the principal of, 625
premium, if any, and interest on all bonds heretofore or hereafter 626
issued to finance additions, improvements and betterments to its 627
electric system, and to pay any and all amounts which the 628
municipality may be obligated to pay from said revenues by law or 629
contract. Nothing herein contained shall be construed to prohibit 630
any municipality from expending any revenues in excess of that 631
required herein in any manner otherwise permitted by law. 632
SECTION 14. Section 77-5-745, Mississippi Code of 1972, is 633
brought forward as follows: 634
77-5-745. A joint agency is hereby authorized to fix, charge 635
and collect rents, rates, fees and charges for electric power and 636
energy and other services, facilities and commodities sold, 637
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furnished or supplied through the facilities of its projects. For 638
so long as any bonds of a joint agency are outstanding and unpaid, 639
the rents, rates, fees and charges shall be so fixed as to provide 640
revenues sufficient to pay all costs of and charges and expenses 641
in connection with the proper operation and maintenance of its 642
projects, and all necessary repairs, replacements or renewals 643
thereof, to pay when due the principal of, premium, if any, and 644
interest on all bonds and other evidences of indebtedness payable 645
from said revenues, to create and maintain reserves as may be 646
required by any resolution authorizing and securing bonds, and to 647
pay any and all amounts which the joint agency may be obligated to 648
pay from said revenues by law or contract. 649
SECTION 15. Section 77-6-35, Mississippi Code of 1972, is 650
brought forward as follows: 651
77-6-35. A municipality is hereby authorized to fix, charge 652
and collect rents, rates, fees and charges for gas and other 653
services, facilities and commodities sold, furnished or supplied 654
through the facilities of its gas system or its interest in any 655
joint project. For so long as any bonds of a municipality are 656
outstanding and unpaid, the rents, fees and charges shall be so 657
fixed as to provide revenues sufficient to pay all costs of and 658
charges and expenses in connection with the proper operation and 659
maintenance of its gas system, and its interest in any joint 660
project, and all necessary repairs, replacements or renewals 661
thereof, to pay when due the principal of, premium, if any, and 662
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interest on all bonds and other evidences of indebtedness payable 663
from said revenues, to create and maintain reserves as may be 664
required by any resolution authorizing and securing bonds, to pay 665
when due the principal of, premium, if any, and interest on all 666
bonds heretofore or hereafter issued to finance additions, 667
improvements and betterments to its gas system, and to pay any and 668
all amounts which the municipality may be obligated to pay from 669
said revenues by law or contract. Nothing herein contained shall 670
be construed to prohibit any municipality from expending any 671
revenues in excess of that required herein in any manner otherwise 672
permitted by law. 673
SECTION 16. Section 77-6-37, Mississippi Code of 1972, is 674
brought forward as follows: 675
77-6-37. The authority is hereby authorized to fix, charge 676
and collect rents, rates, fees and charges for gas and other 677
services, facilities and commodities sold, furnished or supplied 678
through the facilities of its projects. For so long as any bonds 679
of the authority are outstanding and unpaid, the rents, rates, 680
fees and charges shall be so fixed as to provide revenues 681
sufficient to pay all costs of and charges and expenses in 682
connection with the proper operation and maintenance of its 683
projects and all necessary repairs, replacements or renewals 684
thereof, to pay when due the principal of, premium, if any, and 685
interest on all bonds and other evidences of indebtedness payable 686
from said revenues, to create and maintain reserves as may be 687
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ST: Public utilities; require at least 45 days
between reading of meter and bills rendered for
any utility service.
required by any resolution authorizing and securing bonds, and to 688
pay any and all amounts which the authority may be obligated to 689
pay from said revenues by law or contract. 690
SECTION 17. This act shall take effect and be in force from 691
and after July 1, 2026. 692