Community Public Wastewater System Infrastructure Sustainability Act; create.

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To: Public Utilities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Powell

HOUSE BILL NO. 1632
(As Sent to Governor)

AN ACT TO CREATE THE "COMMUNITY PUBLIC WASTEWATER SYSTEM 1
INFRASTRUCTURE SUSTAINABILITY ACT"; TO PROVIDE A STATEWIDE SYSTEM 2
OF ACCOUNTABILITY FOR COMMUNITY PUBLIC WASTEWATER SYSTEMS; TO 3
PROVIDE FOR RULEMAKING BY THE MISSISSIPPI DEPARTMENT OF 4
ENVIRONMENTAL QUALITY AND THE MISSISSIPPI COMMISSION ON 5
ENVIRONMENTAL QUALITY; TO PROVIDE FOR DEVELOPMENT OF A LETTER 6
GRADE SCHEDULE REFLECTIVE OF COMMUNITY PUBLIC WASTEWATER SYSTEM 7
QUALITY AND PERFORMANCE; TO PROVIDE FOR PUBLICATION OF QUALITY AND 8
PERFORMANCE SCORES AND LETTER GRADES; TO BRING FORWARD SECTION 9
49-2-9, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE COMMISSION 10
ON ENVIRONMENTAL QUALITY FOR PURPOSES OF POSSIBLE AMENDMENT; TO 11
BRING FORWARD SECTION 49-2-13, MISSISSIPPI CODE OF 1972, WHICH 12
RELATES TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY, FOR PURPOSES 13
OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 77-3-2 AND 14
77-3-5, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE PUBLIC 15
SERVICE COMMISSION'S POWERS, DUTIES AND JURISDICTION; TO BRING 16
FORWARD SECTION 19-5-175, MISSISSIPPI CODE OF 1972, FOR PURPOSE OF 17
POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 21-27-7, 21-27-13 18
AND 21-27-203, MISSISSIPPI CODE OF 1972, WHICH RELATE TO 19
MUNICIPALLY OWNED UTILITIES; TO BRING FORWARD SECTION 49-17-743, 20
MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE POWERS OF COUNTY 21
AUTHORITIES, FOR PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD 22
SECTION 49-17-745, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE 23
PROMULGATION OF RULES AND REGULATIONS RELATING TO OPERATION AND 24
MAINTENANCE OF COUNTY WATER AND WASTEWATER SYSTEMS, FOR PURPOSE OF 25
POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 41-67-3, MISSISSIPPI 26
CODE OF 1972, WHICH RELATES TO THE MISSISSIPPI INDIVIDUAL ON-SITE 27
WASTEWATER DISPOSAL SYSTEM LAW; TO CREATE THE "COMMUNITY DRINKING 28
WATER INFRASTRUCTURE SUSTAINABILITY ACT"; TO PROVIDE A STATEWIDE 29
SYSTEM OF ACCOUNTABILITY FOR COMMUNITY PUBLIC WATER SYSTEMS; TO 30
PROVIDE FOR RULEMAKING BY THE MISSISSIPPI BOARD OF HEALTH; TO 31
PROVIDE FOR DEVELOPMENT OF A LETTER GRADE SCHEDULE REFLECTIVE OF 32
COMMUNITY PUBLIC WATER SYSTEM QUALITY AND PERFORMANCE; TO PROVIDE 33
FOR PUBLICATION OF QUALITY AND PERFORMANCE SCORES AND LETTER 34
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GRADES; TO AMEND SECTION 19-5-151, MISSISSIPPI CODE OF 1972, TO 35
AUTHORIZE CERTAIN UTILITY DISTRICTS TO DISSOLVE WHENEVER A 36
MAJORITY OF THE LANDOWNERS OF ANY SUCH DISTRICT SIGN AND FILE WITH 37
THE CLERK OF THE CHANCERY COURT BY WHICH SUCH DISTRICT WAS 38
ORGANIZED, OR IN THE COUNTY IN WHICH SUCH DISTRICT WAS ORGANIZED, 39
A PETITION FOR THE DISSOLUTION OF SUCH DISTRICT; TO BRING FORWARD 40
SECTION 19-5-165, MISSISSIPPI CODE OF 1972, WHICH RELATES TO NEWLY 41
FORMED WATER DISTRICT ASSETS AND LIABILITIES, FOR PURPOSES OF 42
POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 41-3-15 AND 41-26-3, 43
MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE STATE BOARD OF 44
HEALTH, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED 45
PURPOSES. 46
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 47
SECTION 1. Sections 1 through 17 of this act shall be known 48
and may be cited as the "Wastewater Treatment System 49
Infrastructure Sustainability Act". 50
SECTION 2. For purposes of Sections 1 through 17 of this 51
act, the following words and phrases have the meanings as provided 52
in this section unless the context clearly indicates otherwise: 53
(a) "Community Public Wastewater System" means a public 54
wastewater collection and/or treatment system, whether publicly or 55
privately owned, serving at least fifteen (15) individual service 56
connections used by year-round consumers or regularly servicing at 57
least twenty-five (25) individual consumers year-round. 58
(b) "Department" means the Mississippi Department of 59
Environmental Quality. 60
(c) "Person" means an individual, corporation, company, 61
association, partnership, municipality or federal agency. 62
(d) "Commission" means the Mississippi Commission on 63
Environmental Quality. 64
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SECTION 3. There is hereby established a Community Public 65
Wastewater System accountability process to: 66
(a) Support Community Public Wastewater System 67
infrastructure sustainability for the citizens of Mississippi. 68
(b) Promote the protection of the citizens of 69
Mississippi from environmental hazards and deficient service by 70
assuring that wastewater collected and treated by Community Public 71
Wastewater System remains consistently managed at levels essential 72
for public health, safety, welfare, and long-term sustainability. 73
(c) Establish a transparent accountability process that 74
creates clear standards and expectations for Community Public 75
Wastewater System so that assessment of their quality, 76
performance, and sustainability will be understood. 77
SECTION 4. The department shall create and administer a 78
statewide framework of accountability for Community Public 79
Wastewater Systems. The framework shall include a letter grade 80
schedule based on, at minimum, compliance with state and federal 81
permits, operation and maintenance performance history and 82
infrastructure condition and compliance. 83
SECTION 5. (1) The commission shall promulgate rules and 84
regulations to establish and implement the Community Public 85
Wastewater System letter grade schedule provided for in Sections 1 86
through 17 of this act. 87
Such rules and regulations shall provide clear and 88
appropriate point values for each standard set forth in this 89
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section and other assessed criteria as determined by the 90
department that is used to calculate the Community Public 91
Wastewater System's letter grade. Point values shall be based on 92
objective criteria so that each Community Public Wastewater System 93
is assessed equally and fairly. Community Public Wastewater 94
Systems shall be assigned a letter grade of "A", "B", "C", "D", or 95
"F". A consolidated score and letter grade shall be calculated on 96
a weighted-average basis for any person owning more than one (1) 97
Community Public Wastewater System in the state. 98
(2) For each Community Public Wastewater System, the 99
department shall publish on its website an annual report 100
summarizing the department's assessment, scores and letter grade. 101
Every Community Public Wastewater System shall provide 102
notification to its customers of the department's published score 103
and letter grade within thirty (30) days following publication by 104
the department in a manner to be established by regulation by the 105
commission. 106
SECTION 6. The department shall publish the first letter 107
grades issued pursuant to Sections 1 through 17 of this act no 108
later than January 1, 2028. 109
SECTION 7. Section 49-2-9, Mississippi Code of 1972, is 110
brought forward as follows: 111
49-2-9. (1) Effective July 1, 1979, the commission shall 112
have the following powers and duties: 113
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(a) To formulate the policy of the department regarding 114
natural resources within the jurisdiction of the department; 115
(b) To adopt, modify, repeal, and promulgate, after due 116
notice and hearing, and where not otherwise prohibited by federal 117
or state law, to make exceptions to and grant exemptions and 118
variances from, and to enforce rules and regulations implementing 119
or effectuating the powers and duties of the commission under any 120
and all statutes within the commission's jurisdiction, and as the 121
commission may deem necessary to prevent, control and abate 122
existing or potential pollution; 123
(c) To apply for, receive and expend any federal or 124
state funds or contributions, gifts, devises, bequests or funds 125
from any other source; 126
(d) To commission or conduct studies designed to 127
determine alternative methods of managing or using the natural 128
resources of this state, in a manner to ensure efficiency and 129
maximum productivity; 130
(e) To enter into, and to authorize the executive 131
director to execute with the approval of the commission, 132
contracts, grants and cooperative agreements with any federal or 133
state agency or subdivision thereof, or any public or private 134
institution located inside or outside the State of Mississippi, or 135
any person, corporation or association in connection with carrying 136
out the provisions of this chapter; but this authority under this 137
chapter and under any and all statutes within the commission's 138
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jurisdiction, except those statutes relating to the Bureau of 139
Recreation and Parks, shall not include contracts, grants or 140
cooperative agreements which do not develop data or information 141
usable by the commission, or which provide goods, services or 142
facilities to the commission or any of its bureaus, and shall 143
exclude any monies for special interest groups for purposes of 144
lobbying or otherwise promoting their special interests; and 145
(f) To discharge such other duties, responsibilities 146
and powers as are necessary to implement the provisions of this 147
chapter. 148
(2) The Mississippi Department of Environmental Quality, 149
Office of Geology and Energy Resources shall be responsible for 150
program management, procurement, development and maintenance of 151
the Mississippi Digital Earth Model, which should include the 152
following seven (7) core data layers of a digital land base 153
computer model of the State of Mississippi: 154
(a) Geodetic control; 155
(b) Elevation and bathymetry; 156
(c) Orthoimagery; 157
(d) Hydrography; 158
(e) Transportation; 159
(f) Government boundaries; and 160
(g) Cadastral. With respect to the cadastral layer, 161
the authority and responsibility of the Mississippi Department of 162
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Environmental Quality, Office of Geology and Energy Resources 163
shall be limited to compiling information submitted by counties. 164
For all seven (7) framework layers, the Mississippi 165
Department of Environmental Quality, Office of Geology and Energy 166
Resources shall be the integrator of data from all sources and the 167
guarantor of data completeness and consistency and shall 168
administer the council's policies and standards for the 169
procurement of remote sensing and geographic information system 170
data by state and local governmental entities. 171
SECTION 8. Section 49-2-13, Mississippi Code of 1972, is 172
brought forward as follows: 173
49-2-13. The executive director shall have the following 174
powers and duties: 175
(a) To administer the policies of the commission within 176
the authority granted by the commission; 177
(b) To supervise and direct all administrative and 178
technical activities of the department; 179
(c) To organize the administrative units of the 180
department in accordance with the plan adopted by the commission 181
and, with commission approval, alter such organizational plan and 182
reassign responsibilities as he may deem necessary to carry out 183
the policies of the commission; 184
(d) To coordinate the activities of the various offices 185
of the department; 186
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(e) To employ, subject to the approval of the 187
commission, qualified professional personnel in the subject matter 188
or fields of each office, and such other technical and clerical 189
staff as may be required for the operation of the department; 190
(f) To recommend to the commission such studies and 191
investigations as he may deem appropriate, and to carry out the 192
approved recommendations in conjunction with the various offices; 193
(g) To merge and coordinate functions and duties where 194
possible to eliminate the possibility of two (2) separate 195
organizational entities performing the same or similar functions, 196
including, but not limited to, functions of audit, inspection, 197
collection, personnel, motor vehicles, accounting, data 198
processing, payroll and any other such administrative, procedural 199
or enforcement function; 200
(h) To coordinate all studies in the State of 201
Mississippi concerned with the supply, development, use and 202
conservation of natural resources within the jurisdiction of the 203
department; 204
(i) To prepare and deliver to the Legislature and the 205
Governor on or before January 1 of each year, and at such other 206
times as may be required by the Legislature or Governor, a full 207
report of the work of the department and the offices thereof, 208
including a detailed statement of expenditures of the department 209
and any recommendations the commission may have; 210
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(j) To issue, modify or revoke any and all orders under 211
authority granted by the commission which include, but are not 212
limited to those which (i) prohibit, control or abate discharges 213
of contaminants and wastes into the air and waters of the state; 214
(ii) require the construction of new disposal systems or 215
air-cleaning devices or any parts thereof, or the modification, 216
extension or alteration of existing disposal systems or 217
air-cleaning devices or any parts thereof, or the adoption of 218
other remedial measures to prevent, control or abate air and water 219
pollution or to cause the proper management of solid wastes; (iii) 220
impose penalties pursuant to Section 17-17-29 and Section 49-17-43 221
which have been agreed upon with alleged violators; and (iv) 222
require compliance with the conditions of any permit issued by the 223
Permit Board created in Section 49-17-28 and all regulations of 224
the commission; 225
(k) With the approval of the commission, to enter into 226
contracts, grants and cooperative agreements with any federal or 227
state agency or subdivision thereof, or any public or private 228
institution located inside or outside the State of Mississippi, or 229
any person, corporation or association in connection with carrying 230
out the provisions of this chapter, provided the agreements do not 231
have a financial cost in excess of the amounts appropriated for 232
such purposes by the Legislature; and 233
(l) With the approval of the commission, to enter into 234
a contract(s) with any person or any public or private corporate 235
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entity to assist with the review, evaluation and processing of 236
permit application(s) and/or certification application(s). Any 237
person or entity requesting additional assistance for review, 238
evaluation, and processing of an application for permit(s) or 239
certification(s) must agree to pay all additional costs associated 240
with such review, evaluation, and processing. The executive 241
director shall submit an annual report on the following to the 242
Chairs of the House and Senate Accountability, Efficiency and 243
Transparency Committees: 244
(i) The backlog of permit applications and/or 245
certification applications that exist on July 1, 2024; 246
(ii) The backlog of permit applications and/or 247
certification applications that exist when the report is 248
submitted; 249
(iii) The average price of permits and/or 250
certifications that are being expedited; 251
(iv) The types of permits and/or certifications 252
that are being expedited; 253
(v) What persons or public or private corporate 254
entities are being used to assist with the review, evaluation and 255
processing of permit applications and/or certification 256
applications; 257
(vi) How much the persons or public or private 258
corporate entities have been paid through the program; and 259
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(vii) How many people leave the department for 260
employment with the persons or public or private corporate 261
entities that are being used to assist with the review, evaluation 262
and processing of permit applications and/or certification 263
applications. 264
This paragraph (1) shall stand repealed on July 1, 2028. 265
SECTION 9. Section 77-3-2, Mississippi Code of 1972, is 266
brought forward as follows: 267
77-3-2. (1) The Legislature finds and determines that the 268
rates, services and operations of public utilities as defined in 269
this title are affected with the public interest and that the 270
availability of an adequate and reliable service by such public 271
utilities to the people, economy and government of the State of 272
Mississippi is a matter of public policy. The Legislature hereby 273
declares to be the policy of the State of Mississippi: 274
(a) To provide fair regulation of public utilities in 275
the interest of the public; 276
(b) To promote the inherent advantage of regulated 277
public utilities; 278
(c) To promote adequate, reliable and economical 279
service to all citizens and residents of the state; 280
(d) To provide just and reasonable rates and charges 281
for public utility services without unjust discrimination, undue 282
preferences or advantages, or unfair or destructive competitive 283
practices and consistent with long-term management and 284
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conservation of energy resources by avoiding wasteful, uneconomic 285
and inefficient uses of energy; 286
(e) To encourage and promote harmony between public 287
utilities, their users and the environment; 288
(f) To foster the continued service of public utilities 289
on a well-planned and coordinated basis that is consistent with 290
the level of service needed for the protection of public health 291
and safety and for the promotion of the general welfare; 292
(g) To cooperate with other states and the federal 293
government in promoting and coordinating interstate and intrastate 294
public utility service and reliability; 295
(h) To encourage the continued study and research for 296
new and innovative rate-making procedures which will protect the 297
state, the public, the ratepayers and the utilities, and where 298
possible reduce the costs of the rate-making process; and 299
(i) With respect to rate-regulated public utilities, to 300
foster, encourage, enable and facilitate economic development in 301
the State of Mississippi, to support and augment economic 302
development activities, to expand deployment of existing and 303
emerging technologies, including fiber-optic infrastructure which 304
will foster a more reliable and resilient utility delivery system 305
and provide customer access to enhanced services, to authorize and 306
empower the Public Service Commission in carrying out its 307
statutory responsibilities, and to take every opportunity to 308
advance the economic development of the state. 309
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(2) To these ends, therefore, authority shall be vested in 310
the Mississippi Public Service Commission to regulate public 311
utilities in accordance with the provisions of this title. 312
(3) (a) The commission shall, in addition to its other 313
powers and duties, be authorized and empowered, in its discretion, 314
to consider and adopt a formula type rate of return evaluation 315
rate which may include provision for the commission to: 316
(i) Periodically review and adjust, if required, 317
the utility's level of revenues based upon the actual books and 318
records of the utility which are periodically the subject of 319
independent audits and regulatory audits; 320
(ii) Review the utility's performance in certain 321
areas or categories which may be used by the commission in the 322
manner selected by it which may include rate incentives or 323
penalties so long as such are found to be fair and reasonable and 324
result in a level of revenue which is fair and reasonable; and 325
(iii) Use such other provisions which may be 326
permitted by this chapter. 327
(b) When a formula type rate of return evaluation rate 328
with periodic revenue adjustments is adopted by the commission, 329
each periodic revenue adjustment will be separately considered for 330
the purpose of determining whether a hearing is required pursuant 331
to Section 77-3-39(1), and no such hearing shall be required if 332
the amount of any separate periodic adjustment to the level of 333
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revenues of the utility is not a "major change" as defined in 334
Section 77-3-37(8). 335
(c) In administering any such formula type rate of 336
return evaluation rate, the following procedures shall be observed 337
by the commission: 338
(i) Each periodic evaluation shall be supported 339
with a sworn filing by the utility incorporating the data 340
specified in the formula rate adopted by the commission, and such 341
data shall be verified by the commission; and 342
(ii) A hearing shall be required, as provided by 343
law, to determine compliance with the formula rate plan and the 344
accuracy of the data prior to any change in the level of revenues 345
if the cumulative change in any calendar year exceeds the greater 346
of Two Hundred Thousand Dollars ($200,000.00) or four percent (4%) 347
of the annual revenues of the utility. 348
(d) The requirements of paragraphs (a), (b) and (c) of 349
this subsection and other applicable provisions of Title 77, 350
Chapter 3, Article 1, Mississippi Code of 1972, which are observed 351
by the commission in administering such rate, are hereby declared 352
to be procedural but are not required to be included in the rate 353
itself. 354
(4) It is the intention of the Legislature to validate, 355
retroactively to its initial adoption by the commission, any 356
formula type rate, including any revenue adjustments effected 357
pursuant thereto, which has heretofore been adopted by the 358
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commission. For the purposes of the retroactive validation and 359
the administration of any formula type rate heretofore adopted by 360
the commission, should the provisions of Title 77, Chapter 3, 361
Article 1, Mississippi Code of 1972, conflict with any provisions 362
of such formula type rate, Title 77, Chapter 3, Article 1, 363
Mississippi Code of 1972, shall be interpreted to prevail and the 364
formula type rate shall hereafter be administered or revised to 365
conform to Title 77, Chapter 3, Article 1, Mississippi Code of 366
1972; provided, however, such conflict, if any, shall not be held 367
to invalidate the retroactive effect of this section upon such 368
rate. 369
SECTION 10. Section 77-3-5, Mississippi Code of 1972, is 370
brought forward as follows: 371
77-3-5. Notwithstanding any other provision of law, and 372
subject only to the limitations imposed in this chapter and in 373
accordance with the provisions of this chapter, the Public Service 374
Commission shall have exclusive original jurisdiction over the 375
intrastate business and property of public utilities and, for 376
purposes of clarification of the existing scope of said exclusive 377
original jurisdiction, such exclusive original jurisdiction 378
extends, but is not limited to: the establishment of retail 379
rates; challenges, including customer complaints, to the amount of 380
a retail rate or customer bill or whether such rate is just and 381
reasonable; and challenges to the validity or accuracy of rates 382
charged by a public utility, or to the accuracy or reliability of 383
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information submitted to the Public Service Commission by a public 384
utility or other person in support of or in opposition to a 385
proposed or approved rate, regardless of the legal theory upon 386
which any such challenge is made. However, the commission shall 387
not have jurisdiction over the production and gathering of natural 388
gas or the sale of natural gas in or within the vicinity of the 389
field where produced, or over the facilities and equipment 390
utilized in any such operations, including, but not limited to, 391
such facilities as separators, scrubbers and gasoline plants of 392
all types. Further, the commission shall not have jurisdiction 393
over the governance, management or other internal affairs of 394
entities as described by paragraphs (b) and (c) below. Moreover, 395
the commission shall not have jurisdiction to regulate the rates 396
for the sales and/or distribution: 397
(a) Of gas, water, electricity or sewage disposal 398
services by municipalities to such persons as said municipalities 399
are authorized by law to serve; 400
(b) Of gas or electricity by cooperative gas or 401
electric power associations to the members thereof as consumers, 402
except as provided by Section 77-3-17, where service is rendered 403
in a municipality; 404
(c) Of water or sewage disposal service by nonprofit 405
corporations or associations where the governing body of such 406
corporation or association is elected by the consumers thereof or 407
appointed by the county board of supervisors; or 408
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(d) Of water by districts organized under the 409
provisions of Chapter 45, Laws of 1966-1967, Extraordinary 410
Session. 411
SECTION 11. Section 19-5-175, Mississippi Code of 1972, is 412
brought forward as follows: 413
19-5-175. Districts created under the provisions of Sections 414
19-5-151 through 19-5-207 shall have the powers enumerated in the 415
resolution of the board of supervisors creating such districts but 416
shall be limited to the conducting and operating of a water supply 417
system, a sewer system, a garbage and waste collection and 418
disposal system, a fire protection system, a combined water and 419
fire protection system, a combined water and sewer system, a 420
combined water and garbage and waste collection and disposal 421
system, or a combined water, sewer, garbage and waste collection 422
and disposal and fire protection system; and to carry out such 423
purpose or purposes, such districts shall have the power and 424
authority to acquire, construct, reconstruct, improve, better, 425
extend, consolidate, maintain and operate such system or systems, 426
and to contract with any municipality, person, firm or corporation 427
for such services and for a supply and distribution of water, for 428
collection, transportation, treatment and/or disposal of sewage 429
and for services required incident to the operation and 430
maintenance of such systems. As long as any such district 431
continues to furnish any of the services which it was authorized 432
to furnish in and by the resolution by which it was created, it 433
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shall be the sole public corporation empowered to furnish such 434
services within such district. However, if the board of 435
commissioners of such district and the board of supervisors 436
unanimously agree, the county may contract directly with any fire 437
protection services provider, in which case the board of 438
supervisors may distribute directly to the fire protection 439
services provider any or all of the funds that otherwise would be 440
distributed to the fire protection district. 441
Any district created pursuant to the provisions of Sections 442
19-5-151 through 19-5-207 shall be vested with all the powers 443
necessary and requisite for the accomplishment of the purpose for 444
which such district is created. No enumeration of powers herein 445
shall be construed to impair or limit any general grant of power 446
herein contained nor to limit any such grant to a power or powers 447
of the same class or classes as those enumerated. Such districts 448
are empowered to do all acts necessary, proper or convenient in 449
the exercise of the powers granted under such sections. 450
SECTION 12. Section 21-27-7, Mississippi Code of 1972, is 451
brought forward as follows: 452
21-27-7. (1) (a) The governing authorities of 453
municipalities shall have the power to erect, purchase, maintain 454
and operate waterworks, and to regulate the same, and to prescribe 455
the rates at which water shall be supplied to the users. The 456
rates at which water, wastewater, and sewer services shall be 457
supplied shall be just and reasonable based on the actual cost to 458
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operate and maintain the systems, and rates may not be 459
unreasonably preferential, prejudicial or discriminatory but shall 460
be sufficient, equitable and consistent in application to each 461
class of users. While a municipality may set different rates for 462
different classifications of users, a municipality shall not 463
discriminate in setting rates among members of the same 464
classification. The municipal governing authorities shall make a 465
finding on the minutes of the governing body establishing the rate 466
based on the actual cost to operate and maintain the system. A 467
municipality shall not charge a user a fee for services received 468
which is less than the cost incurred by the municipality to 469
provide such services. 470
(b) The governing authorities of a municipality shall 471
establish and maintain rates and charges in equitable proportion 472
to the use of the services and benefits rendered by the waterworks 473
systems and water treatment facilities serving the municipal area. 474
From time to time the governing authorities shall adjust such 475
rates, to the end that the revenues therefrom will be sufficient 476
at all times to pay the expenses of operating and maintaining such 477
works, facilities and systems and all of the municipality's 478
obligations under any contract or bond resolution with respect 479
thereto. The calculation of a user's bill shall be limited to the 480
actual amount of volumetric usage, plus those fees reasonable and 481
necessary for the cost of capital expenses, system operation and 482
maintenance, and debt service. 483
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(c) If a user's meter is tampered with, unreadable, or 484
otherwise out-of-order, a municipality may render an estimated 485
bill to that user for a period not to exceed six (6) months. In 486
such circumstance, an estimated bill shall be based upon the prior 487
average measured usage of the user or a similar user of the same 488
classification. 489
(i) Only in the event a municipality is unable to 490
meet the requirement of billing based solely on volumetric usage, 491
such municipality may bill based on a flat fee rate where such 492
municipality has established flat fee billing as its usual and 493
customary billing practice prior to July 1, 2023, and where such 494
municipality is actively billing based upon a flat fee rate as of 495
July 1,2023. In such circumstances, flat fee billing may be 496
utilized until such time as the municipality implements upgrades 497
to its system to provide for volumetric billing. In such 498
circumstance, the municipality may set different flat fee rates 499
for different classifications of users, but the municipality shall 500
not discriminate in setting flat fee rates among members of the 501
same classification, and the municipality shall not charge a user 502
a fee for services received that is less than the cost incurred by 503
the municipality to provide such services. 504
(ii) The governing authorities of the municipality 505
shall make a finding annually on the minutes of the governing body 506
establishing the rate based upon the actual cost to operate and 507
maintain the system as determined under Generally Accepted 508
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Accounting Principles, and the municipality shall not charge a 509
user a fee for services received that is less than the cost 510
incurred by the municipality, or based on the assessed value of 511
the property, to provide such services. 512
(d) Notice of any change in the rate or rate structure 513
at which services are supplied shall be posted on all bills sent 514
to users at least one (1) month prior to the effective date of the 515
rate change. Notice shall also be posted to the municipality's 516
online web page or bill payment platform, if the municipality has 517
an online web page or bill payment platform. 518
(e) Nothing in this statute shall be construed as 519
prohibiting a user or governing authority of any municipality from 520
applying for and receiving any federally or privately subsidized 521
payment assistance, grant or other funds. 522
(f) The governing authority of a municipality may 523
provide for the calculation of a user's bill by a method other 524
than volumetric usage only in exchange for consideration as part 525
of, or in connection with, an incentive contract or other form of 526
benefit or assistance related to the user's location, expansion, 527
or maintenance of its commercial or industrial operation within 528
the municipality, so long as such rate is equitable, fair, and 529
nondiscriminatory, and the municipality shall not charge such user 530
a fee for services received that is less than the cost incurred by 531
the municipality to provide such services. 532
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(2) The governing authorities of municipalities shall have 533
the power to acquire by purchase, donation or condemnation, in the 534
name of the municipality, suitable grounds, within or without the 535
corporate limits, upon which to erect waterworks, and also the 536
right-of-way to and from such works and the right-of-way for 537
laying water pipes within the corporate limits, and from such 538
waterworks to the municipality, and to extend such right-of-way 539
from time to time. The governing authorities shall have the power 540
to contract with any person for the maintenance and operation of 541
waterworks. The authorities shall have the power to contract with 542
any person for the erection and maintenance of waterworks for a 543
term not exceeding twenty-five (25) years, fixing water rates in 544
the contract subject to municipal regulations. A contract for the 545
erection or purchase of waterworks shall not, however, be entered 546
into until submitted to a vote of the qualified electors and 547
approved by a majority of those voting. A contract for 548
maintenance under which the person who will perform such 549
maintenance is wholly or partially responsible for fixing water 550
rates shall not be entered into until submitted to a vote of the 551
qualified electors and approved by a majority of those voting. It 552
shall be unlawful for any municipally owned waterworks to supply 553
water free of charge, or in any amount less than the fixed 554
charges, to any person, firm or corporation, except as is 555
expressly authorized by law. 556
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SECTION 13. Section 21-27-13, Mississippi Code of 1972, is 557
brought forward as follows: 558
21-27-13. The governing authorities of any municipality 559
which now owns and operates, or hereafter shall own and operate, 560
any system or systems shall have the power and authority to create 561
a commission to control, manage and operate such systems, or any 562
one or more of them, which said commission shall consist of not 563
less than three (3) nor more than five (5) commissioners, to be 564
elected by the governing authorities of such municipality. In any 565
municipality operating under the council-manager plan of 566
government, such commissioners shall be selected by, and shall be 567
under the control of, the mayor and councilmen of the 568
municipality, and not the city or town manager. Such 569
commissioners shall have the power, authority and duty to manage 570
and control said system or systems and the supply of the 571
facilities and services thereof, both within and without the 572
limits of the municipality. Such commissioners shall be qualified 573
electors of the municipality and shall not hold any other 574
municipal office for honor or profit. Such commissioners shall 575
receive such compensation as may be specified and provided by the 576
governing authorities of said municipality; provided, however, 577
that any commission formed for the purpose of establishing a motor 578
vehicle transportation system for the transportation of passengers 579
within the boundaries of the governmental unit or units concerned, 580
and within three (3) miles thereof, may pay its commissioners from 581
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the operating budget of such commission per diem compensation in 582
the amount provided by Section 25-3-69 for each day or fraction of 583
a day engaged in attendance of meetings of the commission or 584
engaged in other official duties of the commission, not to exceed 585
forty-five (45) days in any one (1) year. The governing 586
authorities of the municipality are hereby authorized and 587
empowered to require such commissioners to furnish bonds for the 588
faithful performance of their duties, in the amount as may be 589
deemed proper, and to pay the premiums thereon from the municipal 590
treasury or the available funds of the said system or systems. 591
Where there are three (3) members of such commission, the term of 592
office shall be for a period of three (3) years, and where there 593
are four (4) members the term of office shall be for a period of 594
four (4) years, and where there are five (5) members the term of 595
office shall be for a period of five (5) years. However, in 596
making the first appointment of commissioners, one (1) shall be 597
appointed for a term of one (1) year, one (1) for a term of two 598
(2) years, one (1) for a term of three (3) years and, where 599
necessary, one (1) for a term of four (4) years, and one (1) for a 600
term of five (5) years, so that thereafter the term of office of 601
one (1) commissioner shall expire each year. Where the governing 602
authorities of the municipality do not elect to create a 603
commission as herein provided, then any system or systems owned 604
and operated by the municipality shall be controlled and managed 605
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by the governing authorities of the municipality, who shall have 606
all the power and authority conferred upon such commission. 607
SECTION 14. Section 21-27-203, Mississippi Code of 1972, is 608
brought forward as follows: 609
21-27-203. For purposes of Sections 21-27-201 through 610
21-27-221, the following terms shall have the meanings ascribed 611
herein, unless the context shall otherwise require: 612
(a) "Association" means the Mississippi Water and 613
Pollution Control Operator's Association, Inc. 614
(b) "Board" means the Mississippi State Board of 615
Health. 616
(c) "Commission" means the Mississippi Commission on 617
Environmental Quality. 618
(d) "Community water system" means a public water 619
system serving piped water for human consumption to fifteen (15) 620
or more individual service connections used by year-round 621
consumers or regularly serving twenty-five (25) or more individual 622
consumers year-round, including, but not limited to, any 623
collection, pretreatment, treatment, storage and/or distribution 624
facilities or equipment used primarily as part of, or in 625
connection with, that system, regardless of whether or not the 626
components are under the ownership or control of the operator of 627
the system. 628
(e) "Commercial Class I rubbish site" means a permitted 629
rubbish site which accepts for disposal Class I rubbish, as 630
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defined by the commission, for compensation or from more than one 631
(1) generator. 632
(f) "Nontransient, noncommunity water system" means a 633
public water system that is not a community water system and that 634
regularly serves at least twenty-five (25) of the same persons 635
over six (6) months per year. 636
(g) "Operator" means the person who directly supervises 637
and is personally responsible for the daily operation and 638
maintenance of a wastewater facility, community water system, 639
nontransient, noncommunity water system or commercial nonhazardous 640
solid waste management landfill. 641
(h) "Person" means the state or any agency or 642
institution of the state, any municipality, political subdivision, 643
public or private corporation, individual, partnership, 644
association or other entity, including any officer or governing or 645
managing body of any municipality, political subdivision, or 646
public or private corporation, or the United States or any officer 647
or employee of the United States. 648
(i) "Pollution" means contamination or other alteration 649
of the physical, chemical or biological properties of any waters 650
of the state, including change in temperature, taste, color, 651
turbidity or odor of the waters, or the discharge of any liquid, 652
gaseous, solid, radioactive or other substance or heat into any 653
waters of the state. 654
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(j) "Wastewater facilities" means pipelines or 655
conduits, pumping stations, force mains, treatment plants, lagoons 656
or any other structure, device, appurtenance or facility, whether 657
operated individually or in any combination, used for collecting, 658
treating and/or disposing of municipal or domestic wastewater, by 659
either surface or underground methods, which is required to have a 660
permit under Section 49-17-29. 661
(k) "Waters of the state" means all waters within the 662
jurisdiction of this state, including all streams, lakes, ponds, 663
impounding reservoirs, marshes, watercourses, waterways, wells, 664
springs, irrigation systems, drainage systems and all other bodies 665
or accumulations of water, surface and underground, natural or 666
artificial, situated wholly or partly within or bordering upon the 667
state, and such coastal waters as are within the jurisdiction of 668
the state, except lakes, ponds or other surface waters which are 669
wholly landlocked and privately owned. 670
SECTION 15. Section 49-17-743, Mississippi Code of 1972, is 671
brought forward as follows: 672
49-17-743. From and after April 18, 2006, each and every 673
county authority shall have, in addition to any other powers 674
granted under any other provision of law, including, but not 675
limited to, the following: 676
(a) To acquire, construct, improve, enlarge, extend, 677
repair, operate and maintain one or more of its systems used for 678
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the collection, transportation, treatment and disposal of water, 679
wastewater and storm water; 680
(b) To make contracts with any person in furtherance 681
thereof; and to make contracts with any person, under the terms of 682
which the county authority will collect, transport, treat or 683
dispose of water, wastewater and storm water for such person; 684
(c) To make contracts with any person to design and 685
construct any water, wastewater and storm water systems or 686
facilities, and thereafter to purchase, lease or sell, by 687
installments over such terms as may be deemed desirable, 688
reasonable and necessary, or otherwise, any such system or 689
systems; 690
(d) To enter into operating agreements with any person, 691
for such terms and upon such conditions as may be deemed 692
desirable, for the operation of any water, wastewater and storm 693
water systems; and the county authority may lease to or from any 694
person, for such term and upon such conditions as may be deemed 695
desirable, any water, wastewater and storm water collection, 696
transportation, treatment or its other facilities or systems. Any 697
such contract may contain provisions requiring any public agency 698
or other person to regulate the quality and strength of materials 699
to be handled by the respective system or systems and also may 700
provide that the county authority shall have the right to use any 701
streets, alleys and public ways and places within the jurisdiction 702
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of a public agency or other person during the term of the 703
contract; 704
(e) To enter into contracts with any person or any 705
public agency, including, but not limited to, contracts authorized 706
by this act, in furtherance of any of the purposes authorized 707
under this act upon such consideration as the board of directors 708
and such person may agree. Any such contract may extend over any 709
period of time, notwithstanding any provision or rule of law to 710
the contrary; may be upon such terms and for such consideration, 711
nominal or otherwise, as the parties thereto shall agree; and may 712
provide that it shall continue in effect until bonds specified 713
therein, refunding bonds issued in lieu of such bonds, and all 714
other obligations specified therein are paid or terminated. Any 715
such contract shall be binding upon the parties thereto according 716
to its terms; 717
(f) To adopt an official seal and alter the same at 718
pleasure; 719
(g) To sue and be sued, in its own name, and to enjoy 720
all of the protections, immunities and benefits provided by the 721
Mississippi Tort Claims Act, as it may be amended or supplemented 722
from time to time; 723
(h) To maintain office space at such place or places 724
within the county authority boundaries as it may determine; 725
(i) To invest money of the county authority, including 726
proceeds from the sale of any bonds subject to any agreements with 727
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bondholders, on such terms and in such manner as the county 728
authority deems proper; 729
(j) To require the necessary relocation or rerouting of 730
roads and highways, railroad, telephone and telegraph lines, and 731
properties, electric power lines, gas pipelines and related 732
facilities, or to require the anchoring or other protection of any 733
of these, provided fair compensation is first paid to the owners 734
or an agreement with such owners regarding the payment of the cost 735
of such relocation, and to acquire easements or rights-of-way for 736
such relocation or rerouting and to convey the same to the owners 737
of the property being relocated or rerouted in connection with the 738
purposes of this act; 739
(k) To acquire, construct, improve or modify, to 740
operate or cause to be operated and maintained, either as owner of 741
all or of any part in common with others, any water, wastewater or 742
storm water system within the county authority's service area. 743
The county authority may pay all or part of the cost of any system 744
from any contribution by persons, firms, public agencies or 745
corporations. The county authority may receive, accept and use 746
all funds, public or private, and pay all costs of the 747
development, implementation and maintenance as may be determined 748
as necessary for any project; 749
(l) To acquire, in its own name, by purchase on any 750
terms and conditions and in any manner as it may deem proper, 751
including by eminent domain, property for public use, or by gift, 752
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grant, lease, or otherwise, real property or easements therein, 753
franchises and personal property necessary or convenient for its 754
corporate purposes; 755
(m) To acquire insurance for the county authority's 756
systems, facilities, buildings, treatment plants and all property, 757
real or personal, to insure against all risks as any insurance 758
may, from time to time, be available; 759
(n) To use any property and rent or lease any property 760
to or from others, including public agencies, or make contracts 761
for the use of the property. The county authority may sell, 762
lease, exchange, transfer, assign, pledge, mortgage or grant a 763
security interest for any property. The powers to acquire, use 764
and dispose of property as set forth in this paragraph shall 765
include the power to acquire, use and dispose of any interest in 766
that property, whether divided or undivided. Title to any 767
property of the county authority shall be held by the county 768
authority exclusively for the benefit of the public; 769
(o) To apply, contract for, accept, receive and 770
administer gifts, grants, appropriations and donations of money, 771
materials and property of any kind, including loans and grants 772
from the United States, the state, a unit of local government, or 773
any agency, department, district or instrumentality of any of the 774
foregoing, upon any terms and conditions as the United States, the 775
state, a unit of local government, or any agency, department, 776
district or instrumentality shall impose. The county authority 777
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may administer trusts. The county authority may sell, lease, 778
transfer, convey, appropriate and pledge any and all of its 779
property and assets; 780
(p) To make and enforce, and from time to time amend 781
and repeal, bylaws, rules, ordinances and regulations for the 782
management of its business and affairs and for the construction, 783
use, maintenance and operation of any of the systems under its 784
management and control; 785
(q) To employ and terminate staff and other personnel, 786
including attorneys, engineers and consultants as may be necessary 787
to the functioning of the county authority. The board of 788
directors, in its discretion, may employ an executive director 789
having the authority to employ and fire employees and other duties 790
as determined by the board; 791
(r) To establish and maintain rates, fees and any other 792
charges for services and the use of systems and facilities within 793
the control of the county authority, and from time to time, to 794
adjust such rates, fees and any other charges to the end that the 795
revenues therefrom will be sufficient at all times to pay the 796
expenses of operating and maintaining of the facilities and 797
treatment systems and all of the persons' obligations under any 798
contract or bonds resolution with respect thereto or any 799
obligation of any person under any agreement, contract, indenture 800
or bonds resolution with respect thereto. Such rates, fees, 801
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assessments and any other charges shall not be subject to the 802
jurisdiction of the Mississippi Public Service Commission; 803
(s) To adopt rules and regulations necessary to 804
accomplish the purposes of the county authority and to assure the 805
payment of each participating person or public agency of its 806
proportionate share of the costs for use of any of the systems and 807
facilities of the county authority and for the county authority's 808
proportionate share of the costs of the utility board; 809
(t) To enter on public or private lands, waters or 810
premises for the purpose of making surveys, borings or soundings, 811
or conducting tests, examinations or inspections for the purposes 812
of the authority, subject to responsibility for any damage done to 813
property entered; 814
(u) To accept industrial wastewater from within the 815
boundaries of the county authority for treatment and to require 816
the pretreatment of same when, in the opinion of the county 817
authority, such pretreatment is necessary; 818
(v) To control and operate local retail water, 819
wastewater and storm water services, and may provide or be 820
responsible for direct servicing of those services to residences, 821
businesses and individuals; however, the county authority shall 822
not provide the same services in an area provided by a public 823
utility or person holding a certificate of public convenience and 824
necessity issued by the Mississippi Public Service Commission for 825
the provision of such services in the certificated area. Any 826
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rates, fees, assessments or other charges shall not be under the 827
control or regulation of the Mississippi Public Service 828
Commission; 829
(w) To assume control and administer, within the county 830
authority's jurisdiction, any water, wastewater or storm water 831
system or systems by agreement or contract with any person if the 832
person providing such services requests to be relieved of that 833
responsibility. However, the person may maintain control over 834
connections in their service areas and may charge rates, fees and 835
any other charges in addition to the rates, fees and any charges 836
of the county authority; 837
(x) The county authority shall have the power of 838
eminent domain for the particular purpose of the acquisition of 839
property designated by plan to sufficiently accommodate the 840
location of water, wastewater or storm water systems and such 841
requirements related directly thereto pursuant to the provisions 842
of Chapter 27, Title 11, Mississippi Code of 1972. The county 843
authority may acquire by eminent domain property necessary for any 844
system and the exercise of the powers, rights and duties conferred 845
upon the county authority by this act. No person owning the 846
drilling rights or the right to share in production shall be 847
prevented from exploring, developing or producing oil or gas with 848
necessary rights-of-way for ingress and egress, pipelines and 849
other means of transporting such interests on any lands or 850
interest of the county authority held or used for the purposes of 851
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this act, but any such activities shall be subject to reasonable 852
regulations by the board of directors that will adequately protect 853
the systems or projects of the county authority; 854
(y) To use any legally available funds to acquire, 855
rebuild, operate and maintain any existing water, wastewater or 856
storm water systems owned or operated by any person; 857
(z) To refuse to receive water, wastewater or storm 858
water from any public agency or person; and 859
(aa) So long as any indebtedness on the systems of the 860
county authority remains outstanding, to require by contract with 861
a member public agency, or other person, that all water, 862
wastewater and storm water within the boundaries of the respective 863
county authority be disposed of through the appropriate treatment 864
system to the extent that the same may be available, but no public 865
agency shall be precluded from constructing, operating and 866
maintaining its own such system after the current indebtedness 867
owing on the system as of April 18, 2006, is paid in full. 868
SECTION 16. Section 49-17-745, Mississippi Code of 1972, is 869
brought forward as follows: 870
49-17-745. (1) The county authority shall have the power, 871
duty and responsibility to exercise general supervision over the 872
design, construction, operation and maintenance of water, 873
wastewater and storm water systems. 874
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(2) The county authority shall adopt rules and regulations 875
regarding the design, construction or installation, operation and 876
maintenance of water, wastewater and storm water systems. 877
(3) The county authority shall adopt rules and regulations 878
regarding the use of decentralized treatment systems, individual 879
on-site wastewater treatment systems and centralized wastewater 880
treatment systems. 881
(4) The county authority shall adopt rules establishing 882
performance standards for water, wastewater and storm water 883
systems and the operation and maintenance of the same. Such rules 884
and regulations shall include the implementation of a standard 885
application form for the installation, operation and maintenance 886
of such systems; application review; approval or denial procedures 887
for any proposed system; inspection, monitoring and reporting 888
guidelines; and enforcement procedures. 889
(5) (a) Before a building or development which requires the 890
installation of a water, wastewater or storm water system is 891
constructed, the system must be submitted to the county authority 892
for certification that the system complies with the county 893
authority requirements for such system. 894
(b) Before approving or renewing a water, wastewater or 895
storm water related permit for a system within a county authority, 896
the state agency must require certification that the system 897
complies with the requirements of the county authority. 898
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(6) Any system of any municipality, public agency or other 899
persons which contracts with a county authority, shall be subject 900
to the terms of that contract and the terms of this act. 901
(7) Notwithstanding the provisions of Section 51-39-1 et 902
seq., the county authority shall have the full power to adopt 903
rules and regulations and to construct, maintain and operate 904
facilities for the control of storm water quality and quantity. 905
In addition, the provisions of Section 51-33-1 et seq. relating to 906
drainage districts and flood control districts do not apply to the 907
county authority. 908
(8) The county authority may control and operate the local 909
retail water, wastewater or storm water services and may provide 910
or be responsible for direct servicing of those services to 911
residences, businesses and individuals; however, the county 912
authority shall not provide the same service in an area provided 913
by a public utility or person holding a certificate of public 914
convenience and necessity issued by the Mississippi Public Service 915
Commission for the provision of such services in the certificated 916
area. 917
SECTION 17. Section 41-67-3, Mississippi Code of 1972, is 918
brought forward as follows: 919
41-67-3. (1) The board and/or the department shall have the 920
following duties and responsibilities: 921
(a) To exercise general supervision over the design, 922
installation, operation and maintenance of individual on-site 923
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wastewater disposal systems, decentralized wastewater treatment 924
systems and cluster systems; 925
(b) To adopt, modify, repeal and promulgate rules and 926
regulations, after due notice and hearing, and where not otherwise 927
prohibited by federal or state law, to make exceptions to, to 928
grant exemptions from and to enforce rules and regulations 929
implementing or effectuating the duties of the board under this 930
chapter to protect the public health. The board may grant 931
variances from rules and regulations adopted under this chapter, 932
including requirements for buffer zones, or from setbacks required 933
under Section 41-67-7 where the granting of a variance shall not 934
subject the public to unreasonable health risks or jeopardize 935
environmental resources; 936
(c) To provide or deny certification for persons 937
engaging in the business for hire of the installation, operation 938
or maintenance of individual on-site wastewater disposal systems 939
and persons engaging in the removal and disposal of the sludge and 940
liquid waste from those systems; 941
(d) To suspend or revoke certifications issued to 942
persons engaging in the business for hire of the installation, 943
operation or maintenance of individual on-site wastewater disposal 944
systems or persons engaging in the removal and disposal of the 945
sludge and liquid waste from those systems, when it is determined 946
the person has violated this chapter or applicable rules and 947
regulations; 948
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(e) To require the submission of information deemed 949
necessary by the department to determine the suitability of 950
individual lots for individual on-site wastewater disposal systems 951
for the purpose of commercial or residential development; and 952
(f) To adopt, modify, repeal and promulgate rules and 953
regulations, after due notice and hearing, and where not otherwise 954
prohibited by federal or state law, as necessary to determine the 955
suitability of individual on-site wastewater disposal systems in 956
subdivisions. 957
(2) To assure the effective and efficient administration of 958
this chapter, the board shall adopt rules governing the design, 959
construction or installation, operation and maintenance of 960
individual on-site wastewater disposal systems, including rules 961
concerning the: 962
(a) Review and approval of individual on-site 963
wastewater disposal systems in accordance with Section 41-67-6; 964
(b) Certification of installers; 965
(c) Certification of pumpers; 966
(d) Certification of manufacturers; 967
(e) Certification of professional evaluators; and 968
(f) Creation of regulations that authorize the original 969
and any subsequent homeowner to be trained by certified installers 970
as defined in Section 41-67-25(2) or other factory representatives 971
in order to educate the homeowner with the necessary knowledge to 972
provide maintenance to the homeowner's system; no fees shall be 973
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charged to the homeowner for such training, thus allowing the 974
homeowner to meet the requirements of Section 41-67-7(5). 975
(3) In addition, the board shall adopt rules establishing 976
performance standards for individual on-site wastewater disposal 977
systems for single family residential generators and rules 978
concerning the operation and maintenance of individual on-site 979
wastewater disposal systems designed to meet those standards. The 980
performance standards shall be consistent with the federal Clean 981
Water Act, maintaining the wastes on the property of the generator 982
and protection of the public health. Rules for the operation and 983
maintenance of individual on-site wastewater disposal systems 984
designed to meet performance standards shall include rules 985
concerning the following: 986
(a) A standard application form and requirements for 987
supporting documentation; 988
(b) Application review; 989
(c) Approval or denial of authorization for proposed 990
systems; 991
(d) Requirements, as deemed appropriate by the board, 992
for annual renewal of authorization; 993
(e) Enforcement of the requirements and conditions of 994
authorization; and 995
(f) Inspection, monitoring, sampling and reporting on 996
the performance of the system. 997
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Any system proposed for authorization in accordance with 998
performance standards must be designed and certified by a licensed 999
professional engineer in the State of Mississippi and must be 1000
authorized by the department before installation. 1001
(4) To the extent practicable, all rules and regulations 1002
adopted under this chapter shall give maximum flexibility to 1003
persons installing individual on-site wastewater disposal systems 1004
and all options consistent with the federal Clean Water Act, 1005
consistent with maintaining the wastes on the property of the 1006
generator and consistent with protection of the public health. In 1007
addition, all rules and regulations, to the extent practicable, 1008
shall encourage the use of economically feasible systems, 1009
including all techniques and technologies for individual on-site 1010
wastewater disposal. 1011
(5) All regulations shall be applied uniformly in all areas 1012
of the state and shall take into consideration and make provision 1013
for different types of soil in the state when performing soil and 1014
site evaluations. 1015
SECTION 18. Sections 18 through 27 of this act shall be 1016
known and may be cited as the "Community Drinking Water 1017
Infrastructure Sustainability Act". 1018
SECTION 19. For purposes of Sections 18 through 27 of this 1019
act, the following words and phrases shall have the meanings as 1020
provided in this section unless the context clearly indicates 1021
otherwise: 1022
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(a) "Community Public Water System" means a public 1023
water system serving at least fifteen (15) individual service 1024
connections used by year-round consumers or regularly servicing at 1025
least twenty-five (25) individual consumers year-round. 1026
(b) "Board" means the Mississippi State Board of 1027
Health. 1028
(c) "Person" means an individual, corporation, company, 1029
association, partnership, municipality or federal agency. 1030
SECTION 20. There is established a community public water 1031
system accountability process to: 1032
(a) Support drinking water infrastructure 1033
sustainability for the citizens of Mississippi. 1034
(b) Promote the protection of the citizens of 1035
Mississippi from poor water quality and deficient service by 1036
assuring the drinking water provided by Community Public Water 1037
Systems remains consistently at levels essential for health, 1038
safety, welfare, and long-term sustainability. 1039
(c) Establish a transparent accountability process that 1040
creates clear standards and expectations for Community Public 1041
Water Systems so that assessment of their quality, performance, 1042
and sustainability will be understood. 1043
SECTION 21. The Mississippi Board of Health shall create and 1044
administer a statewide framework of accountability for community 1045
public water systems. The framework shall include a letter grade 1046
schedule based on, at minimum, the following criteria: 1047
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(a) Federal water quality violation history. 1048
(b) State violation history. 1049
(c) Water system financial sustainability. 1050
(d) Operation and maintenance performance history. 1051
(e) Infrastructure condition and compliance. 1052
(f) Customer satisfaction. 1053
(g) Levels of secondary contaminants. 1054
SECTION 22. (1) The board shall promulgate rules and 1055
regulations to establish and implement the community public water 1056
system letter grade schedule provided for in Sections 18 through 1057
27 of this act. The rules and regulations shall provide clear and 1058
appropriate point values for the criteria established in 1059
accordance with this section to calculate the community public 1060
water system's letter grade. Point values shall be based on 1061
objective criteria so that each community public water system is 1062
assessed equally and fairly. Community Public Water Systems shall 1063
be assigned a letter grade of "A", "B", "C", "D", or "F". A 1064
consolidated score and letter grade shall be calculated on a 1065
weighted-average basis for any person owning more than one (1) 1066
community public water system in the state. 1067
(2) For each community public water system, the board shall 1068
publish on its website an annual report summarizing the board's 1069
assessment, scores and letter grade. Every community public water 1070
system shall provide notification to its customers of the board's 1071
published score and letter grade within thirty (30) days following 1072
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publication by the board in a manner to be established by 1073
regulation by the board. 1074
SECTION 23. The board shall publish the first letter grades 1075
issued pursuant to Sections 18 through 27 of this act no later 1076
than January 1, 2028. 1077
SECTION 24. Section 19-5-151, Mississippi Code of 1972, is 1078
amended as follows: 1079
19-5-151. (1) Any contiguous area situated within any 1080
county of the state, and not being situated within the corporate 1081
boundaries of any existing municipality, and having no adequate 1082
water system, sewer system, garbage and waste collection and 1083
disposal system, or fire protection facilities serving such area, 1084
may become incorporated as a water district, as a sewer district, 1085
as a garbage and waste collection and disposal district, as a fire 1086
protection district, as a combined water and sewer district, as a 1087
combined water and garbage and waste collection and disposal 1088
district, as a combined water and fire protection district, or as 1089
a combined water, sewer, garbage and waste collection and disposal 1090
and fire protection district, in the manner set forth in the 1091
following sections. 1092
(2) If the certificated area of a nonprofit, nonshare 1093
corporation chartered under the Mississippi Nonprofit Corporation 1094
Act for the purpose of owning and operating rural waterworks lies 1095
in one (1) county, the corporation may become incorporated as a 1096
water district in the manner set forth in Section 19-5-153(3). If 1097
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the nonprofit, nonshare corporation's certificated area lies in 1098
more than one (1) county, the procedure in Section 19-5-164 shall 1099
be used. 1100
(3) Whenever a majority of the landowners of any such 1101
district, excluding lands owned by the state, shall sign and file 1102
with the clerk of the chancery court by which such district was 1103
organized, or in the county in which such district was organized, 1104
a petition for the dissolution of such district, it shall be the 1105
duty of the clerk to give notice thereof by publishing the notice 1106
for three (3) consecutive weeks in a newspaper published in the 1107
county, or in each of the counties in which lands of the district 1108
lie. 1109
Such notice shall be addressed to all persons interested in 1110
the district and shall command them to appear before the chancery 1111
court at a place named within the chancery court district on a day 1112
certain in term time, or before the chancellor in vacation, not 1113
earlier than twenty (20) days nor more than sixty (60) days after 1114
the date of the first publication of the notice, and show cause, 1115
if any they can, why the district should not be dissolved. Upon 1116
the first publication of such notice, all proceedings of every 1117
kind of the district and of the commissioners of the district 1118
shall be discontinued until the hearing of such cause as herein 1119
provided. 1120
Such chancery court, or the chancellor thereof in vacation, 1121
shall take jurisdiction of such cause and shall hear the same on 1122
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the return day thereof in the same manner as other causes in 1123
chancery. 1124
If upon the hearing of such cause it appears that it is to 1125
the best interests of the landowners of the district that such 1126
district be dissolved, such court or chancellor shall enter an 1127
order dissolving the district, decreeing that no further expenses 1128
or indebtedness be incurred or contracted by the commissioners of 1129
such district. 1130
The commissioners of such district shall immediately and 1131
within ten (10) days thereafter deposit with the clerk of the 1132
court in which the proceedings are pending all papers, records, 1133
and documents of the district. 1134
If it appears that it is not to the best interests of the 1135
landowners of the such district that it be dissolved, the 1136
chancellor or chancery court shall so decree. 1137
If it appears to the chancery court or chancellor that it is 1138
to the best interests of the district that it be dissolved and the 1139
decree is entered accordingly, the costs of the proceeding, 1140
including solicitors fees as might be allowed by the court, shall 1141
be assessed and taxed by the court to be collected on an acreage 1142
basis on the lands within the district; and thereafter the 1143
district shall be dissolved and shall have no further powers or 1144
authorities under the law whatsoever. 1145
If such district is not dissolved, such costs, attorneys 1146
fees, and expenses as may be involved shall be assessed against 1147
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the petitioners; and the district shall be absolved from any 1148
liability on account thereof. 1149
Nothing contained in this section shall be construed to 1150
impair or affect any contract or other obligation of any such 1151
district, but persons holding claims against such district shall, 1152
on notice of the dissolution thereof as provided herein, file any 1153
such claims as they may have against such district. If the court 1154
should decree that such district should be liquidated, all of the 1155
claims shall be passed upon by the chancery court or chancellor, 1156
as the case may be, and if found just, a levy shall be made upon 1157
the lands upon an acreage basis as hereinabove provided, in order 1158
to liquidate and pay such indebtedness as may be found due and 1159
owing by the district. 1160
SECTION 25. Section 19-5-165, Mississippi Code of 1972, is 1161
brought forward as follows: 1162
19-5-165. (1) Beginning on the date of the adoption of the 1163
resolution creating any district, the district shall be a public 1164
corporation in perpetuity under its corporate name and shall, in 1165
that name, be a body politic and corporate with power of perpetual 1166
succession. 1167
(2) If the creation of the district is initiated in 1168
accordance with Section 19-5-153(3), all assets and liabilities of 1169
the nonprofit, nonshare corporation shall become the assets and 1170
liabilities of the newly organized district without any further 1171
meetings, voting, notice to creditors or actions by members of the 1172
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board beginning on the date of adoption of the resolution of the 1173
board of supervisors creating the district. 1174
SECTION 26. Section 41-3-15, Mississippi Code of 1972, is 1175
brought forward as follows: 1176
41-3-15. (1) (a) There shall be a State Department of 1177
Health. 1178
(b) The State Board of Health shall have the following 1179
powers and duties: 1180
(i) To formulate the policy of the State 1181
Department of Health regarding public health matters within the 1182
jurisdiction of the department; 1183
(ii) To adopt, modify, repeal and promulgate, 1184
after due notice and hearing, and enforce rules and regulations 1185
implementing or effectuating the powers and duties of the 1186
department under any and all statutes within the department's 1187
jurisdiction, and as the board may deem necessary; 1188
(iii) To apply for, receive, accept and expend any 1189
federal or state funds or contributions, gifts, trusts, devises, 1190
bequests, grants, endowments or funds from any other source or 1191
transfers of property of any kind; 1192
(iv) To enter into, and to authorize the executive 1193
officer to execute contracts, grants and cooperative agreements 1194
with any federal or state agency or subdivision thereof, or any 1195
public or private institution located inside or outside the State 1196
of Mississippi, or any person, corporation or association in 1197
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connection with carrying out the provisions of this chapter, if it 1198
finds those actions to be in the public interest and the contracts 1199
or agreements do not have a financial cost that exceeds the 1200
amounts appropriated for those purposes by the Legislature; 1201
(v) To appoint, upon recommendation of the 1202
Executive Officer of the State Department of Health, a Director of 1203
Internal Audit who shall be either a Certified Public Accountant 1204
or Certified Internal Auditor, and whose employment shall be 1205
continued at the discretion of the board, and who shall report 1206
directly to the board, or its designee; and 1207
(vi) To discharge such other duties, 1208
responsibilities and powers as are necessary to implement the 1209
provisions of this chapter. 1210
(c) The Executive Officer of the State Department of 1211
Health shall have the following powers and duties: 1212
(i) To administer the policies of the State Board 1213
of Health within the authority granted by the board; 1214
(ii) To supervise and direct all administrative 1215
and technical activities of the department, except that the 1216
department's internal auditor shall be subject to the sole 1217
supervision and direction of the board; 1218
(iii) To organize the administrative units of the 1219
department in accordance with the plan adopted by the board and, 1220
with board approval, alter the organizational plan and reassign 1221
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responsibilities as he or she may deem necessary to carry out the 1222
policies of the board; 1223
(iv) To coordinate the activities of the various 1224
offices of the department; 1225
(v) To employ, subject to regulations of the State 1226
Personnel Board, qualified professional personnel in the subject 1227
matter or fields of each office, and such other technical and 1228
clerical staff as may be required for the operation of the 1229
department. The executive officer shall be the appointing 1230
authority for the department, and shall have the power to delegate 1231
the authority to appoint or dismiss employees to appropriate 1232
subordinates, subject to the rules and regulations of the State 1233
Personnel Board; 1234
(vi) To recommend to the board such studies and 1235
investigations as he or she may deem appropriate, and to carry out 1236
the approved recommendations in conjunction with the various 1237
offices; 1238
(vii) To prepare and deliver to the Legislature 1239
and the Governor on or before January 1 of each year, and at such 1240
other times as may be required by the Legislature or Governor, a 1241
full report of the work of the department and the offices thereof, 1242
including a detailed statement of expenditures of the department 1243
and any recommendations the board may have; 1244
(viii) To prepare and deliver to the Chairmen of 1245
the Public Health and Welfare/Human Services Committees of the 1246
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Senate and House on or before January 1 of each year, a plan for 1247
monitoring infant mortality in Mississippi and a full report of 1248
the work of the department on reducing Mississippi's infant 1249
mortality and morbidity rates and improving the status of maternal 1250
and infant health; and 1251
(ix) To enter into contracts, grants and 1252
cooperative agreements with any federal or state agency or 1253
subdivision thereof, or any public or private institution located 1254
inside or outside the State of Mississippi, or any person, 1255
corporation or association in connection with carrying out the 1256
provisions of this chapter, if he or she finds those actions to be 1257
in the public interest and the contracts or agreements do not have 1258
a financial cost that exceeds the amounts appropriated for those 1259
purposes by the Legislature. Each contract or agreement entered 1260
into by the executive officer shall be submitted to the board 1261
before its next meeting. 1262
(2) The State Board of Health shall have the authority to 1263
establish an Office of Rural Health within the department. The 1264
duties and responsibilities of this office shall include the 1265
following: 1266
(a) To collect and evaluate data on rural health 1267
conditions and needs; 1268
(b) To engage in policy analysis, policy development 1269
and economic impact studies with regard to rural health issues; 1270
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(c) To develop and implement plans and provide 1271
technical assistance to enable community health systems to respond 1272
to various changes in their circumstances; 1273
(d) To plan and assist in professional recruitment and 1274
retention of medical professionals and assistants; and 1275
(e) To establish information clearinghouses to improve 1276
access to and sharing of rural health care information. 1277
(3) The State Board of Health shall have general supervision 1278
of the health interests of the people of the state and to exercise 1279
the rights, powers and duties of those acts which it is authorized 1280
by law to enforce. 1281
(4) The State Board of Health shall have authority: 1282
(a) To make investigations and inquiries with respect 1283
to the causes of disease and death, and to investigate the effect 1284
of environment, including conditions of employment and other 1285
conditions that may affect health, and to make such other 1286
investigations as it may deem necessary for the preservation and 1287
improvement of health. 1288
(b) To make such sanitary investigations as it may, 1289
from time to time, deem necessary for the protection and 1290
improvement of health and to investigate nuisance questions that 1291
affect the security of life and health within the state. 1292
(c) To direct and control sanitary and quarantine 1293
measures for dealing with all diseases within the state possible 1294
to suppress same and prevent their spread. 1295
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(d) To obtain, collect and preserve such information 1296
relative to mortality, morbidity, disease and health as may be 1297
useful in the discharge of its duties or may contribute to the 1298
prevention of disease or the promotion of health in this state. 1299
(e) To charge and collect reasonable fees for health 1300
services, including immunizations, inspections and related 1301
activities, and the board shall charge fees for those services; 1302
however, if it is determined that a person receiving services is 1303
unable to pay the total fee, the board shall collect any amount 1304
that the person is able to pay. Any increase in the fees charged 1305
by the board under this paragraph shall be in accordance with the 1306
provisions of Section 41-3-65. 1307
(f) (i) To establish standards for, issue permits and 1308
exercise control over, any cafes, restaurants, food or drink 1309
stands, sandwich manufacturing establishments, and all other 1310
establishments, other than churches, church-related and private 1311
schools, and other nonprofit or charitable organizations, where 1312
food or drink is regularly prepared, handled and served for pay; 1313
and 1314
(ii) To require that a permit be obtained from the 1315
Department of Health before those persons begin operation. If any 1316
such person fails to obtain the permit required in this 1317
subparagraph (ii), the State Board of Health, after due notice and 1318
opportunity for a hearing, may impose a monetary penalty not to 1319
exceed One Thousand Dollars ($1,000.00) for each violation. 1320
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However, the department is not authorized to impose a monetary 1321
penalty against any person whose gross annual prepared food sales 1322
are less than Five Thousand Dollars ($5,000.00). Money collected 1323
by the board under this subparagraph (ii) shall be deposited to 1324
the credit of the State General Fund of the State Treasury. 1325
(g) To promulgate rules and regulations and exercise 1326
control over the production and sale of milk pursuant to the 1327
provisions of Sections 75-31-41 through 75-31-49. 1328
(h) On presentation of proper authority, to enter into 1329
and inspect any public place or building where the State Health 1330
Officer or his representative deems it necessary and proper to 1331
enter for the discovery and suppression of disease and for the 1332
enforcement of any health or sanitary laws and regulations in the 1333
state. 1334
(i) To conduct investigations, inquiries and hearings, 1335
and to issue subpoenas for the attendance of witnesses and the 1336
production of books and records at any hearing when authorized and 1337
required by statute to be conducted by the State Health Officer or 1338
the State Board of Health. 1339
(j) To promulgate rules and regulations, and to collect 1340
data and information, on (i) the delivery of services through the 1341
practice of telemedicine; and (ii) the use of electronic records 1342
for the delivery of telemedicine services. 1343
(k) To enforce and regulate domestic and imported fish 1344
as authorized under Section 69-7-601 et seq. 1345
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(5) (a) The State Board of Health shall have the authority, 1346
in its discretion, to establish programs to promote the public 1347
health, to be administered by the State Department of Health. 1348
Specifically, those programs may include, but shall not be limited 1349
to, programs in the following areas: 1350
(i) Maternal and child health; 1351
(ii) Family planning; 1352
(iii) Pediatric services; 1353
(iv) Services to crippled and disabled children; 1354
(v) Control of communicable and noncommunicable 1355
disease; 1356
(vi) Chronic disease; 1357
(vii) Accidental deaths and injuries; 1358
(viii) Child care licensure; 1359
(ix) Radiological health; 1360
(x) Dental health; 1361
(xi) Milk sanitation; 1362
(xii) Occupational safety and health; 1363
(xiii) Food, vector control and general 1364
sanitation; 1365
(xiv) Protection of drinking water; 1366
(xv) Sanitation in food handling establishments 1367
open to the public; 1368
(xvi) Registration of births and deaths and other 1369
vital events; 1370
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(xvii) Such public health programs and services as 1371
may be assigned to the State Board of Health by the Legislature or 1372
by executive order; and 1373
(xviii) Regulation of domestic and imported fish 1374
for human consumption. 1375
(b) [Deleted] 1376
(c) The State Department of Health may undertake such 1377
technical programs and activities as may be required for the 1378
support and operation of those programs, including maintaining 1379
physical, chemical, bacteriological and radiological laboratories, 1380
and may make such diagnostic tests for diseases and tests for the 1381
evaluation of health hazards as may be deemed necessary for the 1382
protection of the people of the state. 1383
(6) (a) The State Board of Health shall administer the 1384
local governments and rural water systems improvements loan 1385
program in accordance with the provisions of Section 41-3-16. 1386
(b) The State Board of Health shall have authority: 1387
(i) To enter into capitalization grant agreements 1388
with the United States Environmental Protection Agency, or any 1389
successor agency thereto; 1390
(ii) To accept capitalization grant awards made 1391
under the federal Safe Drinking Water Act, as amended; 1392
(iii) To provide annual reports and audits to the 1393
United States Environmental Protection Agency, as may be required 1394
by federal capitalization grant agreements; and 1395
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(iv) To establish and collect fees to defray the 1396
reasonable costs of administering the revolving fund or emergency 1397
fund if the State Board of Health determines that those costs will 1398
exceed the limitations established in the federal Safe Drinking 1399
Water Act, as amended. The administration fees may be included in 1400
loan amounts to loan recipients for the purpose of facilitating 1401
payment to the board; however, those fees may not exceed five 1402
percent (5%) of the loan amount. 1403
(7) [Deleted] 1404
(8) Notwithstanding any other provision to the contrary, the 1405
State Department of Health shall have the following specific 1406
powers: The State Department of Health is authorized to issue a 1407
license to an existing home health agency for the transfer of a 1408
county from that agency to another existing home health agency, 1409
and to charge a fee for reviewing and making a determination on 1410
the application for such transfer not to exceed one-half (1/2) of 1411
the authorized fee assessed for the original application for the 1412
home health agency, with the revenue to be deposited by the State 1413
Department of Health into the special fund created under Section 1414
41-7-188. 1415
(9) [Deleted] 1416
(10) Notwithstanding any other provision to the contrary, 1417
the State Department of Health shall have the following specific 1418
powers: The State Department of Health is authorized to extend 1419
and renew any certificate of need that has expired, and to charge 1420
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a fee for reviewing and making a determination on the application 1421
for such action not to exceed one-half (1/2) of the authorized fee 1422
assessed for the original application for the certificate of need, 1423
with the revenue to be deposited by the State Department of Health 1424
into the special fund created under Section 41-7-188. 1425
(11) Notwithstanding any other provision to the contrary, 1426
the State Department of Health shall have the following specific 1427
powers: The State Department of Health is authorized and 1428
empowered, to revoke, immediately, the license and require closure 1429
of any institution for the aged or infirm, including any other 1430
remedy less than closure to protect the health and safety of the 1431
residents of said institution or the health and safety of the 1432
general public. 1433
(12) Notwithstanding any other provision to the contrary, 1434
the State Department of Health shall have the following specific 1435
powers: The State Department of Health is authorized and 1436
empowered, to require the temporary detainment of individuals for 1437
disease control purposes based upon violation of any order of the 1438
State Health Officer, as provided in Section 41-23-5. For the 1439
purpose of enforcing such orders of the State Health Officer, 1440
persons employed by the department as investigators shall have 1441
general arrest powers. All law enforcement officers are 1442
authorized and directed to assist in the enforcement of such 1443
orders of the State Health Officer. 1444
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(13) Additionally, the State Board of Health and the State 1445
Health Officer each are authorized and directed to study the 1446
status of health care, in its broadest sense, throughout the 1447
state. The study should include challenges such as access to 1448
care; the cost of care; indigent care; providing health care to 1449
the incarcerated; the availability of health care workers, 1450
paraprofessionals, and professionals; the effects of unhealthy 1451
lifestyle choices; the consequences of health care facilities 1452
locating in affluent and urban areas to the detriment of less 1453
affluent areas, small towns, and rural areas; and negative trends 1454
which may cause ill effects if they continue. The study shall 1455
also include opportunities to improve health care, such as greater 1456
coordination among state agencies, local governments, and other 1457
entities which provide various types of health care; methods of 1458
increasing the health care workforce; and methods to increase the 1459
location of health care facilities in distressed areas, rural 1460
areas, and small towns. All state agencies, the Legislative 1461
Budget Office and the Joint Legislative Committee on Performance 1462
Evaluation and Expenditure Review (PEER) are directed to assist 1463
the department in developing this study. This provision does not 1464
by itself grant any additional power to the State Board of Health 1465
or the State Health Officer to require any entity to operate 1466
differently. It does, however, empower and direct them to obtain 1467
information and make recommendations, and it does require all 1468
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entities to cooperate with the board and health officer as they 1469
seek information. 1470
SECTION 27. Section 41-26-3, Mississippi Code of 1972, is 1471
brought forward as follows: 1472
41-26-3. For purposes of this chapter, the following terms 1473
shall have the meaning ascribed herein unless the context clearly 1474
indicates otherwise: 1475
(a) "Administrator" means the Administrator of the U.S. 1476
Environmental Protection Agency or the administrator's designee. 1477
(b) "Board" means the Mississippi State Board of 1478
Health. 1479
(c) "Community public water system" means a public 1480
water system serving at least fifteen (15) individual service 1481
connections used by year-round consumers or regularly servicing at 1482
least twenty-five (25) individual consumers year-round. 1483
(d) "Construction" means any placement, assembly or 1484
installation of facilities or equipment, including contractual 1485
obligations to purchase those facilities or equipment, at the 1486
location where the equipment will be used, including any 1487
preparation work at any location. 1488
(e) "Contaminant" means any physical, chemical, 1489
biological or radiological substance or matter in water. 1490
(f) "Cross connection" means any direct interconnection 1491
between a public water system and a nonpublic water system or 1492
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other source which may result in the contamination of the drinking 1493
water provided by the public water system. 1494
(g) "Department" means the Mississippi State Department 1495
of Health. 1496
(h) "Director" means the State Health Officer or the 1497
health officer's designee. 1498
(i) "Federal act" means the Safe Drinking Water Act of 1499
1974, as amended, principally codified as 42 USCS Section 300(f) 1500
et seq. 1501
(j) "Federal agency" means any department, agency or 1502
instrumentality of the United States. 1503
(k) "Interested party" means any person claiming an 1504
interest in the water system operation that is the subject of the 1505
hearing and who may be affected by the water system. 1506
(l) "Maximum contaminant level" means the maximum 1507
permissible level of a contaminant in water which is delivered to 1508
any user of a public water system. 1509
(m) "Municipality" means a city, town, village or other 1510
public body created by state law, or an Indian tribal organization 1511
authorized by law. 1512
(n) "National primary drinking water regulations" means 1513
primary drinking water regulations promulgated by the 1514
administrator under the federal act. 1515
(o) "Nontransient, noncommunity public water system" 1516
means a public water system that is not a community water system 1517
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and that regularly serves at least twenty-five (25) of the same 1518
persons over six (6) months per year. 1519
(p) "Person" means an individual, corporation, company, 1520
association, partnership, municipality or federal agency. 1521
(q) "Public water system" means a system for providing 1522
to the public piped water for human consumption through pipes or 1523
other constructed conveyances if the system has at least fifteen 1524
(15) service connections or regularly serves at least twenty-five 1525
(25) individuals. The term includes but is not limited to: 1526
(i) Any collection, treatment, storage and 1527
distribution facilities under control of the operator of the 1528
system and used primarily in connection with the system; and 1529
(ii) Any collection or pre-treatment storage 1530
facilities not under the control which are used primarily in 1531
connection with the system. 1532
(r) "Semi-public water system" means a system for the 1533
provision to the public of water for human consumption through 1534
pipes or other constructed conveyances if the system has more than 1535
one (1) but less than fifteen (15) service connections. 1536
(s) "Supplier of water" means any person who owns, or 1537
controls a public water system. 1538
(t) "Violator" means a public water system, an officer 1539
or director of a public water system, an operator, certified or 1540
otherwise, or any other person designated by a public water system 1541
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ST: Community Public Wastewater System
Infrastructure Sustainability Act; create.
or the department as the official responsible for the operation of 1542
a public water system. 1543
SECTION 28. For purposes of Sections 1 through 28 of this 1544
act, notwithstanding any provisions to the contrary in Chapter 3 1545
to Title 77 of the Mississippi Code, during any period a Community 1546
Public Water System or Community Public Wastewater System is 1547
assigned a letter grade of "D" or "F", any such system shall be 1548
considered grossly inefficient, irresponsible and unresponsive to 1549
the needs of its customers such that it will be deemed to be 1550
failing to render reasonably adequate service and from that point 1551
forward shall be subject to the authority and jurisdiction of the 1552
Mississippi Public Service Commission for the sole purpose of 1553
exercising any rights afforded said commission under Sections 1554
77-3-21 and 77-3-22. 1555
SECTION 29. The assessment, scores and letter grades 1556
described in this act shall not affect a project's ranking under 1557
the department's Water Pollution Control Revolving Loan Fund 1558
Program established under Section 49-17-85. The framework 1559
established pursuant to this act is separate and independent of 1560
the criteria outlined in the department's Water Pollution Control 1561
Revolving Loan Fund Program. 1562
SECTION 30. This act shall take effect and be in force from 1563
and after its passage. 1564