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SB2058 • 2026

Mississippi Gulf Coast Region Utility Act; expand provisions concerning promulgation of rules and regulations.

AN ACT TO AMEND SECTION 49-17-745, MISSISSIPPI CODE OF 1972, TO CLARIFY AND EXPAND THE RIGHTS, POWERS AND AUTHORITY OF COUNTY AUTHORITIES AND REGIONAL UTILITY AUTHORITIES CREATED UNDER THE MISSISSIPPI GULF REGION UTILITY ACT; TO PROVIDE A RIGHT OF FIRST REFUSAL FOR WATER, WASTEWATER AND STORMWATER SERVICES WITH CERTIFICATED AREAS; TO PROHIBIT UTILITY SERVICE AND PROVIDE PENALTIES THEREFOR; TO PROVIDE ENFORCEMENT AUTHORITY TO THE COUNTY AUTHORITY; TO PROVIDE THAT ALL POWERS GRANTED HEREIN ARE SUPPLEMENTAL TO, AND NOT IN LIMITATION OF, ANY OTHER RIGHTS, POWERS, OR REMEDIES PROVIDED UNDER THE MISSISSIPPI GULF REGION UTILITY ACT OR ANY OTHER PROVISION OF LAW; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Carter
Last action
2026-02-12
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

It is unclear how existing utilities will transition under these new rules, as this information is not provided in the official source material.

Mississippi Gulf Coast Region Utility Act; Expand Rules

This bill amends the Mississippi Code to clarify and expand the rights of county authorities over water, wastewater, and stormwater systems.

What This Bill Does

  • Clarifies and expands the powers of county authorities over water, wastewater, and stormwater systems.
  • Requires certification for new buildings or developments before installing these systems.
  • Prohibits unauthorized service providers from offering services within areas already served by certified utilities.
  • Allows county authorities to enforce rules through penalties and legal action.

Who It Names or Affects

  • County authorities in the Mississippi Gulf Coast Region
  • Municipalities, public agencies, private utilities, and individuals providing water, wastewater, or stormwater services

Terms To Know

Certificated areas
Areas where a utility service provider has been officially approved by the Mississippi Public Service Commission to offer services.
Right of first refusal
The right given to county authorities to be the primary provider of water, wastewater, and stormwater services in their designated areas.

Limits and Unknowns

  • This bill did not pass during its session.
  • It is unclear how existing utilities will transition under these new rules.

Bill History

  1. 2026-02-12 Mississippi Legislative Bill Status System

    02/12 (S) Died In Committee

  2. 2026-02-12 Mississippi Legislative Bill Status System

    02/12 (S) Recommitted to Committee

  3. 2026-02-12 Mississippi Legislative Bill Status System

    02/12 (S) Amended

  4. 2026-02-12 Mississippi Legislative Bill Status System

    02/12 (S) Committee Substitute Adopted

  5. 2026-02-02 Mississippi Legislative Bill Status System

    02/02 (S) Title Suff Do Pass Comm Sub

  6. 2026-01-08 Mississippi Legislative Bill Status System

    01/08 (S) Referred To Energy

Official Summary Text

Mississippi Gulf Coast Region Utility Act; expand provisions concerning promulgation of rules and regulations.

Current Bill Text

Read the full stored bill text 
S. B. No. 2058 *SS08/R557CS* ~ OFFICIAL ~ G1/2
26/SS08/R557CS
PAGE 1

To: Energy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Carter

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2058

AN ACT TO AMEND SECTION 49-17-745, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY AND EXPAND THE RIGHTS, POWERS AND AUTHORITY OF COUNTY 2
AUTHORITIES AND REGIONAL UTILITY AUTHORITIES CREATED UNDER THE 3
MISSISSIPPI GULF REGION UTILITY ACT; TO PROHIBIT CERTAIN SERVICE 4
AND PROVIDE PENALTIES THEREFOR; TO PROVIDE ENFORCEMENT AUTHORITY 5
TO THE COUNTY AUTHORITY; TO PROVIDE THAT ALL POWERS GRANTED HEREIN 6
ARE SUPPLEMENTAL TO, AND NOT IN LIMITATION OF, ANY OTHER RIGHTS, 7
POWERS, OR REMEDIES PROVIDED UNDER THE MISSISSIPPI GULF REGION 8
UTILITY ACT OR ANY OTHER PROVISION OF LAW; AND FOR RELATED 9
PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. It is the intent of the Legislature to: 12
(a) Promote efficient, coordinated and reliable 13
delivery of water, wastewater and stormwater services; 14
(b) Prevent unnecessary duplication of infrastructure; 15
(c) Protect public investment in utility systems; 16
(d) Ensure compliance with certificated areas 17
established by the Mississippi Public Service Commission; 18
(e) Safeguard public health and welfare by affirming 19
the authority of regional and county utility authorities; and 20
(f) Establish a right of first refusal and robust 21
remedies to prevent competing or conflicting service providers 22
S. B. No. 2058 *SS08/R557CS* ~ OFFICIAL ~
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PAGE 2

from offering service within county authority service areas 23
without consent. 24
SECTION 2. Section 49-17-745, Mississippi Code of 1972, is 25
amended as follows: 26
49-17-745. (1) The county authority shall have the power, 27
duty and responsibility to exercise general supervision over the 28
design, construction, operation and maintenance of water, 29
wastewater and storm water systems. 30
(2) The county authority shall adopt rules and regulations 31
regarding the design, construction or installation, operation and 32
maintenance of water, wastewater and storm water systems. 33
(3) The county authority shall adopt rules and regulations 34
regarding the use of decentralized treatment systems, individual 35
on-site wastewater treatment systems and centralized wastewater 36
treatment systems. 37
(4) The county authority shall adopt rules establishing 38
performance standards for water, wastewater and storm water 39
systems and the operation and maintenance of the same. Such rules 40
and regulations shall include the implementation of a standard 41
application form for the installation, operation and maintenance 42
of such systems; application review; approval or denial procedures 43
for any proposed system; inspection, monitoring and reporting 44
guidelines; and enforcement procedures. 45
(5) (a) Before a building or development which requires the 46
installation of a water, wastewater or storm water system is 47
S. B. No. 2058 *SS08/R557CS* ~ OFFICIAL ~
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PAGE 3

constructed, the system must be submitted to the county authority 48
for certification that the system complies with the county 49
authority requirements for such system. 50
(b) Before approving or renewing a water, wastewater or 51
storm water related permit for a system within a county authority, 52
the state agency must require certification that the system 53
complies with the requirements of the county authority. 54
(6) Any system of any municipality, public agency or other 55
persons which contracts with a county authority, shall be subject 56
to the terms of that contract and the terms of this act. 57
(7) Notwithstanding the provisions of Section 51-39-1 et 58
seq., the county authority shall have the full power to adopt 59
rules and regulations and to construct, maintain and operate 60
facilities for the control of storm water quality and quantity. 61
In addition, the provisions of Section 51-33-1 et seq. relating to 62
drainage districts and flood control districts do not apply to the 63
county authority. 64
(8) The county authority may control and operate the local 65
retail water, wastewater or storm water services and may provide 66
or be responsible for direct servicing of those services to 67
residences, businesses and individuals; however, the county 68
authority shall not provide the same service in an area provided 69
by a public utility or person holding a certificate of public 70
convenience and necessity issued by the Mississippi Public Service 71
S. B. No. 2058 *SS08/R557CS* ~ OFFICIAL ~
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Commission for the provision of such services in the certificated 72
area. 73
(9) No municipality, public or private utility, person or 74
entity shall construct, install, connect, operate, extend or 75
continue operating any water, wastewater or stormwater system to 76
serve any customer or property not wholly located within an area 77
subject to a certificate of public convenience and necessity 78
issued by the Public Service Commission. 79
(10) Any person or entity violating subsection (9) of this 80
section shall be subject to: 81
(a) A civil penalty not to exceed Five Hundred Dollars 82
($500.00) per day for each day of unauthorized operation; 83
(b) Injunctive relief prohibiting continued operation; 84
and 85
(c) Recovery of reasonable attorney's fees, expert fees 86
and costs by the prevailing county authority. 87
(11) The county authority shall have standing to bring suit 88
in any court of competent jurisdiction to enforce its rights under 89
subsection (9) of this section to prevent unauthorized service and 90
recover penalties and damages. 91
(12) All powers granted hereunder shall be supplemental to, 92
and not in limitation of, any other rights, powers, or remedies 93
provided under the Mississippi Gulf Region Utility Act or any 94
other provision of law. 95
S. B. No. 2058 *SS08/R557CS* ~ OFFICIAL ~
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PAGE 5
ST: Mississippi Gulf Coast Region Utility Act;
expand provisions concerning promulgation of
rules and regulations.
SECTION 3. This act shall take effect and be in force from 96
and after July 1, 2026. 97