Utility shutoffs; revise Governor's authority regarding.

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To: Public Utilities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Mangold

HOUSE BILL NO. 839

AN ACT TO AMEND SECTION 33-15-11, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE GOVERNOR'S EMERGENCY AUTHORITY TO ALLOW FOR LOCAL 2
GOVERNING AUTHORITIES TO HAVE DISCRETION ON SUSPENDING CERTAIN 3
UTILITY SHUTOFFS DURING AN EMERGENCY; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 33-15-11, Mississippi Code of 1972, is 6
amended as follows: 7
33-15-11. (a) The Governor shall have general direction and 8
control of the activities of the Emergency Management Agency and 9
Council and shall be responsible for the carrying out of the 10
provisions of this article, and in the event of a man-made, 11
technological or natural disaster or emergency beyond local 12
control, may assume direct operational control over all or any 13
part of the emergency management functions within this state. 14
(b) In performing his duties under this article, the 15
Governor is further authorized and empowered: 16
(1) To make, amend and rescind the necessary orders, 17
rules and regulations to carry out the provisions of this article 18
with due consideration of the plans of the federal government, and 19
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to enter into disaster assistance grants and agreements with the 20
federal government under the terms as may be required by federal 21
law. 22
(2) To work with the Mississippi Emergency Management 23
Agency in preparing a comprehensive plan and program for the 24
emergency management of this state, such plan and program to be 25
integrated into and coordinated with the emergency management 26
plans of the federal government and of other states to the fullest 27
possible extent, and to coordinate the preparation of plans and 28
programs for emergency management by the political subdivisions of 29
this state, such local plans to be integrated into and coordinated 30
with the emergency management plan and program of this state to 31
the fullest possible extent. 32
(3) In accordance with such plan and program for 33
emergency management of this state, to ascertain the requirements 34
of the state or the political subdivisions thereof for food or 35
clothing or other necessities of life in the event of attack or 36
natural or man-made or technological disasters and to plan for and 37
procure supplies, medicines, materials and equipment, and to use 38
and employ from time to time any of the property, services and 39
resources within the state, for the purposes set forth in this 40
article; to make surveys of the industries, resources and 41
facilities within the state as are necessary to carry out the 42
purposes of this article; to institute training programs and 43
public information programs, and to take all other preparatory 44
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steps, including the partial or full mobilization of emergency 45
management organizations in advance of actual disaster, to insure 46
the furnishing of adequately trained and equipped forces of 47
emergency management personnel in time of need. 48
(4) To cooperate with the President and the heads of 49
the Armed Forces, and the Emergency Management Agency of the 50
United States, and with the officers and agencies of other states 51
in matters pertaining to the emergency management of the state and 52
nation and the incidents thereof; and in connection therewith, to 53
take any measures which he may deem proper to carry into effect 54
any request of the President and the appropriate federal officers 55
and agencies, for any action looking to emergency management, 56
including the direction or control of (a) blackouts and practice 57
blackouts, air raid drills, mobilization of emergency management 58
forces, and other tests and exercises, (b) warnings and signals 59
for drills or attacks and the mechanical devices to be used in 60
connection therewith, (c) the effective screening or extinguishing 61
of all lights and lighting devices and appliances, (d) shutting 62
off water mains, gas mains, electric power connections and the 63
suspension of all other utility services, (e) the conduct of 64
civilians and the movement and cessation of movement of 65
pedestrians and vehicular traffic during, prior and subsequent to 66
drills or attack, (f) public meetings or gatherings under 67
emergency conditions, and (g) the evacuation and reception of the 68
civilian population. 69
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(5) To take such action and give such directions to 70
state and local law enforcement officers and agencies as may be 71
reasonable and necessary for the purpose of securing compliance 72
with the provisions of this article and with the orders, rules and 73
regulations made pursuant thereto. 74
(6) To employ such measures and give such directions to 75
the state or local boards of health as may be reasonably necessary 76
for the purpose of securing compliance with the provisions of this 77
article or with the findings or recommendations of such boards of 78
health by reason of conditions arising from enemy attack or the 79
threat of enemy attack or natural, man-made or technological 80
disaster. 81
(7) To utilize the services and facilities of existing 82
officers and agencies of the state and of the political 83
subdivisions thereof; and all such officers and agencies shall 84
cooperate with and extend their services and facilities to the 85
Governor as he may request. 86
(8) To establish agencies and offices and to appoint 87
executive, technical, clerical and other personnel as may be 88
necessary to carry out the provisions of this article including, 89
with due consideration to the recommendation of the local 90
authorities, part-time or full-time state and regional area 91
directors. 92
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(9) To delegate any authority vested in him under this 93
article, and to provide for the subdelegation of any such 94
authority. 95
(10) On behalf of this state to enter into reciprocal 96
aid agreements or compacts with other states and the federal 97
government, either on a statewide basis or local political 98
subdivision basis or with a neighboring state or province of a 99
foreign country. Such mutual aid arrangements shall be limited to 100
the furnishings or exchange of food, clothing, medicine and other 101
supplies; engineering services; emergency housing; police 102
services; national or state guards while under the control of the 103
state; health, medical and related services; firefighting, rescue, 104
transportation and construction services and equipment; personnel 105
necessary to provide or conduct these services; and such other 106
supplies, equipment, facilities, personnel and services as may be 107
needed; the reimbursement of costs and expenses for equipment, 108
supplies, personnel and similar items for mobile support units, 109
firefighting and police units and health units; and on such terms 110
and conditions as are deemed necessary. 111
(11) To sponsor and develop mutual aid plans and 112
agreements between the political subdivisions of the state, 113
similar to the mutual aid arrangements with other states referred 114
to above. 115
(12) To collect information and data for assessment of 116
vulnerabilities and capabilities within the borders of Mississippi 117
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as it pertains to the nation and state's security and homeland 118
defense. This information shall be exempt from the Mississippi 119
Public Records Act, Section 25-61-1 et seq. 120
(13) Authorize any agency or arm of the state to create 121
a special emergency management revolving fund, accept donations, 122
contributions, fees, grants, including federal funds, as may be 123
necessary for such agency or arm of the state to administer its 124
functions of this article as set forth in the Executive Order of 125
the Governor. 126
(14) To authorize the Commissioner of Public Safety to 127
select, train, organize and equip a ready reserve of auxiliary 128
highway patrolmen. 129
(15) To suspend or limit the sale, dispensing or 130
transportation of alcoholic beverages, firearms, explosives and 131
combustibles. 132
(16) To control, restrict and regulate by rationing, 133
freezing, use of quotas, prohibitions on shipments, price-fixing, 134
allocation or other means, the use, sale or distribution of food, 135
feed, fuel, clothing and other commodities, materials, goods or 136
services. 137
(17) To proclaim a state of emergency in an area 138
affected or likely to be affected thereby when he finds that the 139
conditions described in Section 33-15-5(g) exist, or when he is 140
requested to do so by the mayor of a municipality or by the 141
president of the board of supervisors of a county, or when he 142
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finds that a local authority is unable to cope with the emergency. 143
Such proclamation shall be in writing and shall take effect 144
immediately upon its execution by the Governor. As soon 145
thereafter as possible, such proclamation shall be filed with the 146
Secretary of State and be given widespread notice and publicity. 147
The Governor, upon advice of the director, shall review the need 148
for continuing the state of emergency at least every thirty (30) 149
days until the emergency is terminated and shall proclaim a 150
reduction of area or the termination of the state of emergency at 151
the earliest possible date that conditions warrant. 152
(18) To declare an emergency impact area when he finds 153
that the conditions described in Section 33-15-5(o) exist. The 154
proclamation shall be in writing and shall take effect immediately 155
upon its execution by the Governor. As soon as possible, the 156
proclamation shall be filed with the Secretary of State and be 157
given widespread notice and publicity. The Governor shall review 158
the need for continuing the declaration of emergency impact area 159
at least every thirty (30) days until the emergency is terminated, 160
and shall proclaim the reduction of the emergency impact area or 161
termination of the declaration of emergency impact area at the 162
earliest date or dates possible. 163
(c) In addition to the powers conferred upon the Governor in 164
this section, the Legislature hereby expressly delegates to the 165
Governor the following powers and duties in the event of an 166
impending enemy attack, an enemy attack, or a man-made, 167
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technological or natural disaster where such disaster is beyond 168
local control: 169
(1) To suspend the provisions of any regulatory statute 170
prescribing the procedures for conduct of state business, or the 171
orders, rules or regulations of any state agency, if strict 172
compliance with the provisions of any statute, order, rule or 173
regulation would in any way prevent, hinder or delay necessary 174
action in coping with a disaster or emergency. However, in 175
regards to utility shutoffs, this subparagraph shall only allow 176
the Governor to suspend the provisions of any statute, order, rule 177
or regulation for the purpose of authorizing local governing 178
authorities to suspend water, electric, sewer and natural gas 179
shutoffs during the emergency at the discretion and in the manner 180
determined by the local governing authority, and in no instance 181
may the Governor require the local governing authorities to 182
suspend such shutoffs. 183
(2) To transfer the direction, personnel or functions 184
of state agencies, boards, commissions or units thereof for the 185
purpose of performing or facilitating disaster or emergency 186
services. 187
(3) To commandeer or utilize any private property if 188
necessary to cope with a disaster or emergency, provided that such 189
private property so commandeered or utilized shall be paid for 190
under terms and conditions agreed upon by the participating 191
parties. The owner of said property shall immediately be given a 192
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ST: Utility shutoffs; revise Governor's
authority regarding.
receipt for the said private property and said receipt shall serve 193
as a valid claim against the Treasury of the State of Mississippi 194
for the agreed upon market value of said property. 195
(4) To perform and exercise such other functions, 196
powers and duties as may be necessary to promote and secure the 197
safety and protection of the civilian population in coping with a 198
disaster or emergency. 199
(d) This section does not authorize the Governor or a 200
designee of the Governor to act in contravention of Section 201
33-7-303. 202
SECTION 2. This act shall take effect and be in force from 203
and after its passage. 204