MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Ways and Means

By: Representative Ellington

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) (a) 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 purpose of making improvements, including expansions, rehabilitation or repair, to an existing public water system, unless that system is determined to be viable. The Department of Economic and Community Development may require any applicant for which a determination of viability is required under this section to submit information deemed necessary by the executive director for that determination. A preliminary determination of viability shall be made by the Executive Director of the Department of Economic and Community Development following receipt of a written recommendation on viability from the State Health Officer and the Executive Director of the Public Utilities Staff. The recommendation of the State Health Officer and the Executive Director of the Public Utilities Staff shall be based on information received from the Department of Economic and Community Development and any other information available to the State Department of Health or Public Utilities Staff, as applicable. The State Department of Health and the Public Utilities Staff shall assist the Department of Economic and Community Development in developing appropriate forms as required for implementation of this section.

(b) Within five (5) days following a preliminary determination that a public water system is not viable by the Executive Director of the Department of Economic and Community Development, the executive director shall provide written notice by certified mail, return receipt requested to the owner or president of the board of the system and the governing authority of the applicant. The notice shall contain the reasons for the determination of nonviability. The owner or president of the board of the system may appeal the preliminary determination to the Executive Director of the Department of Economic and Community Development, who shall make a final determination.

(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 purpose 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 makes a final determination that the public water system may become viable as the result of the grant award. The Executive Director of the Department of Economic and Community Development may also award a grant if an extreme emergency exists. In making a grant award, the Executive Director of the Department of Economic and Community Development may impose any conditions on the grant 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, 1998.