Mississippi Gulf Coast Region Utility Act; protect powers of county authorities.

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To: Energy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Carter

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2309

AN ACT TO AMEND SECTION 49-17-743, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL NOT EFFECT A 2
RULING, PROMULGATION, FINDING OR DECISION THAT INTERFERES OR 3
CONFLICTS WITH THE POWERS GRANTED TO THE COUNTY AUTHORITY, 4
PROVIDED THAT NOTHING HEREIN SHALL LIMIT THE PUBLIC SERVICE 5
COMMISSION'S AUTHORITY TO ISSUE CERTIFICATES OF PUBLIC CONVENIENCE 6
AND NECESSITY TO ANY PERSON OR ENTITY OTHER THAN THE COUNTY 7
AUTHORITY; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 49-17-743, Mississippi Code of 1972, is 10
amended as follows: 11
49-17-743. From and after April 18, 2006, each and every 12
county authority shall have, in addition to any other powers 13
granted under any other provision of law, including, but not 14
limited to, the following: 15
(a) To acquire, construct, improve, enlarge, extend, 16
repair, operate and maintain one or more of its systems used for 17
the collection, transportation, treatment and disposal of water, 18
wastewater and stormwater; 19
(b) To make contracts with any person in furtherance 20
thereof; and to make contracts with any person, under the terms of 21
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which the county authority will collect, transport, treat or 22
dispose of water, wastewater and stormwater for such person; 23
(c) To make contracts with any person to design and 24
construct any water, wastewater and stormwater systems or 25
facilities, and thereafter to purchase, lease or sell, by 26
installments * * * or other terms as may be deemed desirable, 27
reasonable and necessary * * *, any such system or systems; 28
(d) To enter into operating agreements with any person, 29
for such terms and upon such conditions as may be deemed 30
desirable, for the operation of any water, wastewater and 31
stormwater systems; and the county authority may lease to or from 32
any person, for such term and upon such conditions as may be 33
deemed desirable, any water, wastewater and stormwater collection, 34
transportation, treatment or its other facilities or systems. Any 35
such contract may contain provisions requiring any public agency 36
or other person to regulate the quality and strength of materials 37
to be handled by the respective system or systems and also may 38
provide that the county authority shall have the right to use any 39
streets, alleys and public ways and places within the jurisdiction 40
of a public agency or other person during the term of the 41
contract; 42
(e) To enter into contracts with any person or any 43
public agency, including, but not limited to, contracts authorized 44
by this act, in furtherance of any of the purposes authorized 45
under this act upon such consideration as the board of directors 46
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and such person may agree. Any such contract may extend over any 47
period of time, notwithstanding any provision or rule of law to 48
the contrary * * *, may be upon such terms and for such 49
consideration, nominal or otherwise, as the parties thereto shall 50
agree * * *, and * * * shall provide that it shall continue in 51
effect until bonds specified therein, refunding bonds issued in 52
lieu of such bonds, and all other obligations specified therein 53
are paid or terminated. Any such contract shall be binding upon 54
the parties thereto according to its terms; 55
(f) To adopt an official seal and alter the same at 56
pleasure; 57
(g) To sue and be sued, in its own name, and to enjoy 58
all of the protections, immunities and benefits provided by the 59
Mississippi Tort Claims Act, as it may be amended or supplemented 60
from time to time; 61
(h) To maintain office space at such place or places 62
within the county authority boundaries as it may determine; 63
(i) To invest money of the county authority, including 64
proceeds from the sale of any bonds subject to any agreements with 65
bondholders, on such terms and in such manner as the county 66
authority deems proper; 67
(j) To require the necessary relocation or rerouting of 68
roads and highways, railroad, telephone and telegraph lines, and 69
properties, electric power lines, gas pipelines and related 70
facilities, or to require the anchoring or other protection of any 71
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of these, provided fair compensation is first paid to the owners 72
or an agreement with such owners regarding the payment of the cost 73
of such relocation, and to acquire easements or rights-of-way for 74
such relocation or rerouting and to convey the same to the owners 75
of the property being relocated or rerouted in connection with the 76
purposes of this act; 77
(k) To acquire, construct, improve or modify, to 78
operate or cause to be operated and maintained, either as owner of 79
all or of any part in common with others, any water, wastewater or 80
stormwater system within the county authority's service area. The 81
county authority may pay all or part of the cost of any system 82
from any contribution by persons, firms, public agencies or 83
corporations. The county authority may receive, accept and use 84
all funds, public or private, and pay all costs of the 85
development, implementation and maintenance as may be determined 86
as necessary for any project; 87
(l) To acquire, in its own name, by purchase on any 88
terms and conditions and in any manner as it may deem proper, 89
including by eminent domain, property for public use, or by gift, 90
grant, lease, or otherwise, real property or easements therein, 91
franchises and personal property necessary or convenient for its 92
corporate purposes; 93
(m) To acquire insurance for the county authority's 94
systems, facilities, buildings, treatment plants and all property, 95
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real or personal, to insure against all risks as any insurance 96
may, from time to time, be available; 97
(n) To use any property and rent or lease any property 98
to or from others, including public agencies, or make contracts 99
for the use of the property. The county authority may sell, 100
lease, exchange, transfer, assign, pledge, mortgage or grant a 101
security interest for any property. The powers to acquire, use 102
and dispose of property as set forth in this paragraph shall 103
include the power to acquire, use and dispose of any interest in 104
that property, whether divided or undivided. Title to any 105
property of the county authority shall be held by the county 106
authority exclusively for the benefit of the public; 107
(o) To apply, contract for, accept, receive and 108
administer gifts, grants, appropriations and donations of money, 109
materials and property of any kind, including loans and grants 110
from the United States, the state, a unit of local government, or 111
any agency, department, district or instrumentality of any of the 112
foregoing, upon any terms and conditions as the United States, the 113
state, a unit of local government, or any agency, department, 114
district or instrumentality shall impose. The county authority 115
may administer trusts. The county authority may sell, lease, 116
transfer, convey, appropriate and pledge any and all of its 117
property and assets; 118
(p) To make and enforce, and from time to time amend 119
and repeal, bylaws, rules, ordinances and regulations for the 120
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management of its business and affairs and for the construction, 121
use, maintenance and operation of any of the systems under its 122
management and control; 123
(q) To employ and terminate staff and other personnel, 124
including attorneys, engineers and consultants as may be necessary 125
to the functioning of the county authority. The board of 126
directors, in its discretion, may employ an executive director 127
having the authority to employ and fire employees and other duties 128
as determined by the board; 129
(r) To establish and maintain rates, fees and any other 130
charges for services and the use of systems and facilities within 131
the control of the county authority, and from time to time, to 132
adjust such rates, fees and any other charges to the end that the 133
revenues therefrom will be sufficient at all times to pay the 134
expenses of operating and maintaining of the facilities and 135
treatment systems and all of the persons' obligations under any 136
contract or bonds resolution with respect thereto or any 137
obligation of any person under any agreement, contract, indenture 138
or bonds resolution with respect thereto. Such rates, fees, 139
assessments and any other charges shall not be subject to the 140
jurisdiction of the Mississippi Public Service Commission; 141
(s) To adopt rules and regulations necessary to 142
accomplish the purposes of the county authority and to assure the 143
payment of each participating person or public agency of its 144
proportionate share of the costs for use of any of the systems and 145
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facilities of the county authority and for the county authority's 146
proportionate share of the costs of the utility board; 147
(t) To enter on public or private lands, waters or 148
premises for the purpose of making surveys, borings or soundings, 149
or conducting tests, examinations or inspections for the purposes 150
of the authority, subject to responsibility for any damage done to 151
property entered; 152
(u) To accept industrial wastewater from within the 153
boundaries of the county authority for treatment and to require 154
the pretreatment of same when, in the opinion of the county 155
authority, such pretreatment is necessary; 156
(v) To control and operate local retail water, 157
wastewater and stormwater services, and may provide or be 158
responsible for direct servicing of those services to residences, 159
businesses and individuals; however, the county authority shall 160
not provide the same services in an area provided by a public 161
utility or person holding a certificate of public convenience and 162
necessity issued by the Mississippi Public Service Commission for 163
the provision of such services in the certificated area. The 164
Mississippi Public Service Commission shall effect no ruling, 165
promulgation, finding or decision that interferes with or 166
conflicts with powers of authority granted to the county authority 167
under this act; provided, however, that nothing herein shall limit 168
the Mississippi Public Service Commission's authority to issue 169
certificates of public convenience and necessity to any person or 170
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entity other than the county authority. Any rates, fees, 171
assessments or other charges shall not be under the control or 172
regulation of the Mississippi Public Service Commission; 173
(w) To assume control and administer, within the county 174
authority's jurisdiction, any water, wastewater or stormwater 175
system or systems by agreement or contract with any person if the 176
person providing such services requests to be relieved of that 177
responsibility. However, the person may maintain control over 178
connections in their service areas and may charge rates, fees and 179
any other charges in addition to the rates, fees and any charges 180
of the county authority; 181
(x) The county authority shall have the power of 182
eminent domain for the particular purpose of the acquisition of 183
property designated by plan to sufficiently accommodate the 184
location of water, wastewater or stormwater systems and such 185
requirements related directly thereto pursuant to the provisions 186
of Chapter 27, Title 11, Mississippi Code of 1972. The county 187
authority may acquire by eminent domain property necessary for any 188
system and the exercise of the powers, rights and duties conferred 189
upon the county authority by this act. No person owning the 190
drilling rights or the right to share in production shall be 191
prevented from exploring, developing or producing oil or gas with 192
necessary rights-of-way for ingress and egress, pipelines and 193
other means of transporting such interests on any lands or 194
interest of the county authority held or used for the purposes of 195
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ST: Mississippi Gulf Coast Region Utility Act;
protect powers of county authorities.
this act, but any such activities shall be subject to reasonable 196
regulations by the board of directors that will adequately protect 197
the systems or projects of the county authority; 198
(y) To use any legally available funds to acquire, 199
rebuild, operate and maintain any existing water, wastewater or 200
stormwater systems owned or operated by any person; 201
(z) To refuse to receive water, wastewater or 202
stormwater from any public agency or person; and 203
(aa) So long as any indebtedness on the systems of the 204
county authority remains outstanding, to require by contract with 205
a member public agency, or other person, that all water, 206
wastewater and stormwater within the boundaries of the respective 207
county authority be disposed of through the appropriate treatment 208
system to the extent that the same may be available, but no public 209
agency shall be precluded from constructing, operating and 210
maintaining its own such system after the current indebtedness 211
owing on the system as of April 18, 2006, is paid in full. 212
SECTION 2. This act shall take effect and be in force from 213
and after July 1, 2026. 214