MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Economic Dev, Tourism and Parks

By: Senator(s) Dearing

Senate Bill 2531

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 43-35-504, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT FROM MAKING A COMMUNITY DEVELOPMENT BLOCK GRANT TO A COUNTY OR MUNICIPALITY FOR MAKING IMPROVEMENTS TO AN EXISTING PUBLIC WATER SYSTEM, UNLESS THAT SYSTEM IS VIABLE; TO REQUIRE THE STATE HEALTH OFFICER AND THE EXECUTIVE DIRECTOR OF THE PUBLIC UTILITIES STAFF TO MAKE WRITTEN RECOMMENDATIONS REGARDING SYSTEM VIABILITY; TO ALLOW THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT TO ISSUE GRANTS TO NONVIABLE SYSTEMS UNDER CERTAIN CIRCUMSTANCES AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO IMPOSE CONDITIONS ON THOSE GRANTS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 43-35-504, Mississippi Code of 1972:

43-35-504. (1) Except as provided in subsection (2) of this section, the Executive Director of the Department of Economic and Community Development shall not award a community development block grant to any county or municipality for the purposes of making improvements, including expansions, rehabilitation or repair, to an existing public water system, unless that system is determined to be viable. A determination of viability shall be made by the executive director following receipt of a written recommendation from the State Health Officer and the Executive Director of the Public Utilities Staff.

(2) The Executive Director of the Department of Economic and Community Development may award a community development block grant to any county or municipality for the purposes of making improvements, including expansions, rehabilitation or repair, to an existing public water system, if after receipt of a written recommendation from the State Health Officer and the Executive Director of the Public Utilities Staff, the Executive Director of the Department of Economic and Community Development determines the public water system may become and remain viable as the result of the grant award. In making a grant award, the executive director of the department may impose any conditions deemed necessary after consultation with the State Health Officer and the Executive Director of the Public Utilities Staff, including, but not limited to, interconnection with another existing system or satellite or contract management.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.