MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Utilities; Public Health and Welfare

By: Senator(s) Minor

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 41-26-103, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF HEALTH TO DEVELOP ANNUALLY A LIST OF POTENTIALLY NON-VIABLE COMMUNITY PUBLIC WATER SYSTEMS AND TO REQUIRE THE DEPARTMENT OF HEALTH TO OFFER THOSE SYSTEMS TECHNICAL ASSISTANCE AT NO COST TO THE SYSTEM; TO REQUIRE THE DEPARTMENT OF HEALTH TO NOTIFY THE PUBLIC UTILITIES STAFF IF THE SYSTEM REFUSES THE ASSISTANCE OR FAILS TO RESPOND; TO AUTHORIZE THE PUBLIC UTILITY STAFF TO CONDUCT A FINANCIAL OR MANAGERIAL REVIEW, OR BOTH, ON SYSTEMS REFUSING ASSISTANCE OR FAILING TO RESPOND; TO AUTHORIZE THE PUBLIC UTILITIES STAFF TO ASSESS AND COLLECT THE COSTS OF THE REVIEW OR REVIEWS FROM THE APPROPRIATE SYSTEM; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 41-26-103, Mississippi Code of 1972:

41-26-103. (1) The department shall develop annually a list of community public water systems which the department, after consultation with the Public Utilities Staff created in Section 77-2-1, considers to be potentially non-viable or experiencing other problems which may make the system potentially non-viable. The list shall state the areas of concern and shall be prioritized based upon viability considerations. The department shall notify at a minimum those systems shown in top ten (10) places on the list and shall offer to provide those systems with technical assistance pertaining to the areas of concern for that system at no cost to the system. If the notified community public water system refuses the offer of technical assistance at no cost to the system or fails to respond within sixty (60) days of the written offer, the department shall notify the Public Utilities Staff in writing.

(2) Following receipt of notification from the department that a community public water system has refused to accept technical assistance or failed to respond, the Public Utilities Staff may conduct a financial or managerial review, or both, of the system and shall submit a copy of any report to the department. The Public Utilities Staff may assess and collect the cost of any financial or management review, or both, from the community public water system on which the review or reviews are conducted.

(3) This section shall stand repealed from and after July 1, 2002.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.